Oklahoma Lawmakers Push to Ban Foreign Law in Oklahoma Courts

Oklahoma lawmakers are once again moving to block foreign law in Oklahoma courts, reviving a long-running debate over constitutional authority, religious freedom, and state sovereignty.

Foreign Law in Oklahoma Courts Returns to the Capitol

Representative Gabe Woolley has filed House Joint Resolution 1040, a proposal that would amend the Oklahoma Constitution to prohibit the use of foreign law in Oklahoma courts, including Sharia Law or any non-U.S. legal code, when deciding cases.

If approved by lawmakers, the measure would be sent to voters for final approval during a statewide election. Supporters argue the resolution is designed to ensure Oklahoma courts rely solely on state and federal law, not legal principles derived from outside the United States.

History of Foreign Law Bans in Oklahoma

This is not Oklahoma’s first attempt to address foreign law in Oklahoma courts. In 2010, voters overwhelmingly approved a similar constitutional amendment. However, the measure was later struck down by the 10th U.S. Circuit Court of Appeals, which ruled it violated constitutional protections related to religion.

Backers of the new resolution say HJR 1040 is more carefully crafted to withstand legal scrutiny while still reinforcing the principle that Oklahoma’s legal system should remain grounded in American law.

Supporters Say Amendment Protects State Sovereignty

Supporters of the proposal argue that even if foreign law is rarely applied, placing a clear prohibition into the constitution removes ambiguity and prevents future legal conflicts.

They say banning foreign law in Oklahoma courts protects:

• Judicial consistency

• Constitutional authority

• Public confidence in the legal system

Critics, however, warn the proposal could once again face legal challenges and may be perceived as targeting specific religious communities, despite its broad language.

What Happens Next

The resolution will be considered during the 2026 legislative session, which begins February 2. If passed, Oklahoma voters would have the final say on whether foreign law in Oklahoma courts should be constitutionally prohibited.

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