Awad v. Ziriax 1
C12 - Business Law
Case Analysis 4
Awad v. Ziriax
Summarize the facts of the case
Approval was received after gaining a majority of votes from Oklahoma residents on
November 2nd, 2010 regarding an amendment called “Save our State Amendment”, which was
to be made to the Oklahoma Constitution. This amendment was created with the intent of
preventing courts within the state from both considering as well as using the Sharia Law during
cases. If all went accordingly, the amendment would have gone through certification by the
Oklahoma Election Board seven days later and would have been included within the Oklahoma
State constitution. Two days after the voters approved the amendment, Muneer Awad brought
charges against individuals on the Election Board in an effort to avoid certifying the results of
the election. Paul Ziriax was the Agency head on the Oklahoma Election Board and therefore the
suit was stated in his name. Awad was an avid Muslamic follower and also the executive director
of the Oklahoma Chapter of the Council on American-Islamic Relations. Awad that he was suing
because he felt as though his rights under the Establishment as well as the Free Exercise Clause
of the First Amendment of the United States Constitution were violated by the Save our State
Amendment which was now approved. He claimed that implementation of the amendment would
cause multiple adverse consequences, such as stigmatizing individuals who practice the Muslim
faith, inhibiting the practice of Islam, disabling a court from probating his last will and testament
(which contained references to Sharia law), limiting the relief Muslims can obtain from
Oklahoma state courts, and fostering excessive entanglement between the government and his
This study source was downloaded by 100000812546443 from CourseHero.com on 11-16-2022 08:15:55 GMT -06:00
https://www.coursehero.com/file/44530065/BUS-LAW-CASE-ANALYSIS-4-ASHWORTH-COLLEGEdocx/
, Awad v. Ziriax 2
religion (Bagley, C. E. Managers and the Legal Environment: Strategies for Business.) Awad
received approval from the district court and was granted a preliminary injunction which would
cease the certification process for the amendment however upon the approval, the members of
the Oklahoma Election Board filed for an appeal.
Identify the parties and explain each party’s position
The plaintiff, Muneer Awad, was suing the Oklahoma Election Board Oklahoma Election
Board in an effort to stop the process of certification of votes received from the election
regarding the Save our State Amendment. Awad stated that the amendment was in violation of
the rights he was entitled to under the Establishment and Free Exercise Clauses of the First
Amendment of the United States Constitution. Awad received a preliminary junction from the
district court. The defendant, Oklahoma Election Board, brought forward an appeal to the United
States Court of Appeals for the Tenth Circuit suggesting that the claims made by the plaintiff
were not justiciable and did not meet the requirement for the case to be considered at a
preliminary injunction.
Outline the case’s procedural history including any appeals
The proceeding started on November 4th when Awad brought charges against the
Oklahoma Election Board in an effort to stop the certification of the votes for the Save our State
Amendment. On November 9th, the Oklahoma District Court agreed to approve a temporary
restraining order on the certification process. The court then held an evidentiary hearing on
November 22nd to discuss the request made by Awad for a preliminary injunction to which was
granted approximately one week later. On December 1, the Oklahoma Election Board filed an
appeal, within an appropriate time frame, against the grant of the preliminary injunction. On
This study source was downloaded by 100000812546443 from CourseHero.com on 11-16-2022 08:15:55 GMT -06:00
https://www.coursehero.com/file/44530065/BUS-LAW-CASE-ANALYSIS-4-ASHWORTH-COLLEGEdocx/
C12 - Business Law
Case Analysis 4
Awad v. Ziriax
Summarize the facts of the case
Approval was received after gaining a majority of votes from Oklahoma residents on
November 2nd, 2010 regarding an amendment called “Save our State Amendment”, which was
to be made to the Oklahoma Constitution. This amendment was created with the intent of
preventing courts within the state from both considering as well as using the Sharia Law during
cases. If all went accordingly, the amendment would have gone through certification by the
Oklahoma Election Board seven days later and would have been included within the Oklahoma
State constitution. Two days after the voters approved the amendment, Muneer Awad brought
charges against individuals on the Election Board in an effort to avoid certifying the results of
the election. Paul Ziriax was the Agency head on the Oklahoma Election Board and therefore the
suit was stated in his name. Awad was an avid Muslamic follower and also the executive director
of the Oklahoma Chapter of the Council on American-Islamic Relations. Awad that he was suing
because he felt as though his rights under the Establishment as well as the Free Exercise Clause
of the First Amendment of the United States Constitution were violated by the Save our State
Amendment which was now approved. He claimed that implementation of the amendment would
cause multiple adverse consequences, such as stigmatizing individuals who practice the Muslim
faith, inhibiting the practice of Islam, disabling a court from probating his last will and testament
(which contained references to Sharia law), limiting the relief Muslims can obtain from
Oklahoma state courts, and fostering excessive entanglement between the government and his
This study source was downloaded by 100000812546443 from CourseHero.com on 11-16-2022 08:15:55 GMT -06:00
https://www.coursehero.com/file/44530065/BUS-LAW-CASE-ANALYSIS-4-ASHWORTH-COLLEGEdocx/
, Awad v. Ziriax 2
religion (Bagley, C. E. Managers and the Legal Environment: Strategies for Business.) Awad
received approval from the district court and was granted a preliminary injunction which would
cease the certification process for the amendment however upon the approval, the members of
the Oklahoma Election Board filed for an appeal.
Identify the parties and explain each party’s position
The plaintiff, Muneer Awad, was suing the Oklahoma Election Board Oklahoma Election
Board in an effort to stop the process of certification of votes received from the election
regarding the Save our State Amendment. Awad stated that the amendment was in violation of
the rights he was entitled to under the Establishment and Free Exercise Clauses of the First
Amendment of the United States Constitution. Awad received a preliminary junction from the
district court. The defendant, Oklahoma Election Board, brought forward an appeal to the United
States Court of Appeals for the Tenth Circuit suggesting that the claims made by the plaintiff
were not justiciable and did not meet the requirement for the case to be considered at a
preliminary injunction.
Outline the case’s procedural history including any appeals
The proceeding started on November 4th when Awad brought charges against the
Oklahoma Election Board in an effort to stop the certification of the votes for the Save our State
Amendment. On November 9th, the Oklahoma District Court agreed to approve a temporary
restraining order on the certification process. The court then held an evidentiary hearing on
November 22nd to discuss the request made by Awad for a preliminary injunction to which was
granted approximately one week later. On December 1, the Oklahoma Election Board filed an
appeal, within an appropriate time frame, against the grant of the preliminary injunction. On
This study source was downloaded by 100000812546443 from CourseHero.com on 11-16-2022 08:15:55 GMT -06:00
https://www.coursehero.com/file/44530065/BUS-LAW-CASE-ANALYSIS-4-ASHWORTH-COLLEGEdocx/
