Oklahoma’s voter-approved ban on Islamic sharia law is likely unconstitutional and should not take force, the federal appeals court in Denver has ruled, upholding a lower court decision and injunction.

“Given the lack of evidence of any concrete problem, any harm Appellants seek to remedy with the proposed amendment is speculative at best,” the three-judge panel of the 10th Circuit Court of Appeals wrote. “Delayed implementation of a measure that does not appear to address any immediate problem will generally not cause material harm, even if the measure were eventually found to be constitutional and enforceable.”

A U.S. District Court judge in Oklahoma City found the ban likely unconstitutional and temporarily blocked its implementation. The case, brought by the local chapter of the Council on American-Islamic Relations, now returns to the lower court, which will hear arguments in the lawsuit and rule on the constitutionality of the measure. A permanent injunction is expected.

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