On November 16, 2010 an amicus brief was filed on behalf of CLDEF in the case of Muneer Awad v. Paul Ziriax, et al. in the U.S. District Court for the Western District of Oklahoma in opposition to the plaintiff’s motion for temporary restraining order and preliminary injunction.
On November 2, 1010, the people of Oklahoma overwhelmingly approved State Question 755, which amends Article 7, Section 1, of the Oklahoma Constitution. The amendment restrains state courts from either deferring to or applying either international law or Sharia law. The plaintiff Awad, a self-described “practicing Muslim,” is seeking a temporary restraining order and preliminary injunction against the agency head and the three members of the Oklahoma State Board of Elections to prevent the board from certifying the passage of State Question 755. On November 9, 2010, the Court entered a temporary restraining order, enjoining defendants from certifying the election results for State Question 755 and scheduled a hearing on plaintiff’s request for a preliminary injunction for November 22, 2010.
The amicus brief filed on behalf of CLDEF in opposition to plaintiff’s motion for temporary restraining order and preliminary injunction argues that the plaintiff has no standing to bring this case and that the plaintiff has failed to meet the four-part test required to support a preliminary injunction.