When Oklahoma voters overwhelmingly approved a 2010 ballot measure that prohibits state courts from considering Islamic law, or Shariah, the Council of American-Islamic Relations filed a lawsuit within two days challenging the constitutionality of the measure, and won.
But when Oklahoma Gov. Mary Fallin signed a similar measure, one that its sponsor said would forbid Shariah, on April 19 of this year, no legal challenges were mounted.
Why the change?
The biggest difference is that the older bill — and others like it — singled out Islam and Shariah, but also raised concerns that they could affect Catholic canon law or Jewish law. Many early anti-Shariah bills also made references to international or foreign law, which worried businesses that the new bills would undermine contracts and trade with foreign companies.
The new bills, however, are more vague and mention only foreign laws, with no references to Shariah or Islam. They also make specific exceptions for international trade. All of that makes them harder to challenge as a violation of religious freedom.
“These bills don’t have any real-world effect. Their only purpose is to allow people to vilify Islam,” said Corey Saylor, CAIR’s legislative affairs director, of the more recent bills.
The Council on American-Islamic Relations, a national Muslim civil rights group that has frequently drawn fire from conservatives, has regained its tax-exempt status.
The Washington, D.C.-based CAIR and its related foundation were two of about 275,000 nonprofits that lost tax exempt status last year for not filing tax returns for three years in a row. Last month, the Internal Revenue Service sent a letter to the CAIR-Foundation Inc., saying the nonprofit had regained its tax-exempt status.
"We are obviously pleased that all the paperwork issues have been resolved and our tax-exempt status has been restored," said Ibrahim Hooper, communications director for CAIR. Hooper did not know the details of what paperwork, including tax returns, had been filed.
At this point in 2011, 22 state legislatures had either passed or were considering bills to prohibit judges from considering either Islamic law, known as Shariah, or foreign law in their decisions.
What a difference a year can make.
The wave of anti-Shariah legislation has broken in recent weeks, as bills in several states have either died or been withdrawn, raising questions about whether the anti-Shariah movement has lost its momentum.