Oklahoma Sharia Law Bans: 2010 & 2026

2010: State Question 755 – "Save Our State Amendment"

Passed by voters in November 2010 (70% approval) to amend Oklahoma Constitution Article VII, Section 1. It prohibited state courts from "considering or using" Sharia law or international law in decisions.

Ballot language summary: Courts must rely on federal/state law/common law; no Sharia or foreign law.

Challenged immediately in federal court as violating the First Amendment (Establishment Clause & Free Exercise Clause) by targeting Islam.

Key Court Rulings & Overturn

District Court (W.D. Okla., Judge Vicki Miles-LaGrange, Nov 29, 2010): Preliminary injunction blocking certification. Found strong likelihood SQ 755 violates Establishment Clause by singling out Sharia (conveys disapproval of Islam). No evidence Oklahoma courts ever used Sharia. No specific Sharia practices (e.g., stoning, amputation) discussed—focus on discrimination.
Full preliminary injunction text (Justia)
Tenth Circuit Court of Appeals (Jan 10, 2012): Upheld injunction. No justiciability issues; ban discriminates against Islam without compelling interest (no proven problem).
Full opinion (Justia)
Final District Court (Aug 2013, on remand): Permanently struck down SQ 755 as unconstitutional.
ACLU case page with links

Lawyers & Arguments

Side	Key Lawyers/Parties	Main Arguments
Plaintiff (Challenging the Ban)	Muneer Awad (Muslim resident) ACLU (lead counsel) Micheal Salem (cooperating counsel for ACLU of Oklahoma) CAIR (support)	SQ 755 singles out Sharia/Islam → discriminates. No evidence courts used Sharia. Violates Establishment Clause (endorses disapproval of Islam). Violates Free Exercise Clause (burdens Muslim religious practice, e.g., wills with Islamic elements).
Defendants (Defending the Ban)	Oklahoma State Board of Elections (Paul Ziriax et al.) Scott D. Boughton (Oklahoma AG's Office, lead)	Ban is neutral—protects courts from foreign law generally. Sharia is a "legal system," not just religion. No discrimination; voters' will should stand.

2026: House Joint Resolution 1040 – New Attempt

Introduced Feb 2, 2026 by Rep. Gabe Woolley (R-Broken Arrow).
Creates "Save Our State Amendment" to amend Article VII, Section 1.
Requires courts to use only U.S./Oklahoma/federal/common law; prohibits Sharia or international law.
Provides ballot title; directs Secretary of State to refer to voters if passed by legislature.

Status (as of Feb 2026): Introduced → Second Reading → Referred to House Rules Committee (no further action yet; early in session).

Official bill page (Oklahoma Legislature)
LegiScan tracking
News: Tied to Broken Arrow mosque debate; similar to 2010 but broader framing to avoid past pitfalls.