AWAD v. ZIRIAX

No. 10-6273.

670 F.3d 1111 (2012)

Muneer AWAD, Plaintiff-Appellee, v. Paul ZIRIAX, Agency Head, Oklahoma State Board of Elections, Thomas Prince, Chairman of the Board, Oklahoma State Board of Elections, Steve Curry, Board Member, Oklahoma State Board of Elections, and Jim Roth, Board Member, Oklahoma State Board of Elections, Defendants-Appellants. Foundation of Moral Law; The Association of the Bar of the City of New York; The Islamic Law Committee of the American Branch of the International Law Association, The American Jewish Committee, Americans United for Separation of Church and State, The Anti-Defamation League, The Baptist Joint Committee for Religious Liberty, The Center for Islamic Pluralism, Interfaith Alliance, and The Union for Reform Judaism, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 10, 2012.


Attorney(s) appearing for the Case

Patrick R. Wyrick , Solicitor General ( Scott D. Boughton and Janis Wood Preslar , Assistant Attorneys General, on the briefs), Office of the Attorney General of Oklahoma, Oklahoma City, OK, appearing for Appellant.

Micheal Salem , Salem Law Offices, Norman, OK ( Joseph Thai , Norman, Oklahoma; Gadeir Abbas , Council of American Islamic Relations, Washington, DC; and Daniel Mach and Heather L. Weaver , American Civil Liberties Union Foundation, Washington, DC, with him on the briefs), appearing for Appellee.

Roy S. Moore , Benjamin D. DuPre , and John Allen Eidsmoe , Montgomery, AL, filed an Amicus Curiae brief on behalf of the Foundation of Moral Law.

Robert E. Michael , Robert E. Michael & Associates, PLLC, New York, NY, filed an Amicus Curiae brief on behalf of Association of the Bar of the City of New York and the Islamic Law Committee of the American Branch of the International Law Association.

Craig C. Martin , Jenner & Block, LLP, Chicago, IL, and Joshua M. Segal , Jenner & Block, LLP, Washington, DC, filed an Amicus Curiae brief on behalf of American Jewish Committee; Americans United for Separation of Church and State; Anti-Defamation League; Baptist Joint Committee for Religious Liberty; Center for Islamic Pluralism; Interfaith Alliance; and Union for Reform Judaism.

Before O'BRIEN, McKAY, and MATHESON, Circuit Judges.


MATHESON, Circuit Judge.

On November 2, 2010, Oklahoma voters approved a proposed constitutional amendment that would prevent Oklahoma state courts from considering or using Sharia law. Before the amendment can become effective, the Oklahoma State Election Board must certify this election result. The Board members have asked us to review whether a federal district court abused its discretion when it granted a preliminary injunction to prevent them from certifying...

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