Brennan Center for Justice

On Election Day 2010, Oklahoma voters approved an amendment to the state’s constitution that banned the recognition of Islamic religious law and customs (known as sharia) by state courts. After the Tenth Circuit Court of Appeals ruled against the amendment on the grounds that it was discriminatory, proponents pushing the proposal in other states removed references to Islam and refocused the legislation to ban “foreign law.”

Over the last two years, lawmakers in 34 states have introduced and debated bills outlawing religious, foreign or international law. Most recently, North Carolina joined six other states with such bans. Several more are poised to pass similar measures this and next year.

The Brennan Center for Justice hosted a panel examining the roots of this movement and the unintended consequences of foreign law bans. Experts discussed how the current wave of foreign law bans upends the carefully calibrated methods that American courts use to decide whether to apply foreign law, as well as the legal uncertainties these bans could create for families, businesses, and people of all faiths.

Keynote Speaker:

Robert Henry, President, Oklahoma City University and Former Chief Judge, United States Court of Appeals for the Tenth Circuit

Panel discussion featuring:

• David Barkey, Southeastern Area and National Religious Freedom Counsel, Anti-Defamation League
• Abed Awad, Partner, Awad & Khoury LLP and Islamic Law Specialist
• Amos Toh, Katz Fellow, Brennan Center for Justice

Moderated by:

Faiza Patel, Co-Director, Liberty and National Security Program, Brennan Center for Justice