Bans on court use of sharia/international law: heavily modified bills introduced in 2013, exempts contracts, Native American tribes, avoids using word “sharia”
February 13th, 2013 by Bill Raftery Leave a reply »
This year’s batch of bans of sharia/international law use by
state courts looks very different than those of the past several years.
After criticism that a) past versions would effectively cripple
businesses who have to sign international contracts and b) that bans on
references to the law and court decisions of other nations would make
the judicial determinations of tribal courts in the U.S. enforceable,
most such bills have been completely rewritten. Specifically, most now
specify the prohibition on the use of foreign law/sharia
List of bills below the fold
- applies only to a particular case type (such as family law or domestic relations)
- does not infringe on the right to contract
- does not apply to not apply to a corporation, partnership, limited liability company, etc.
- does not apply to recognition or use of tribal court decisions in state courts
- does not apply to ecclesiastical matters within a denomination
List of bills below the fold
|
Bill
|
Does not affect right to contract freely/contract provisions
|
Does not apply to corporations
|
Does not apply to tribal court decisions
|
Does not apply to ecclesiastical matters/religious orgs
|
Other items
|
Status
|
|
X
|
X
|
Full faith and credit with other states suspended if they use international law
|
In Senate Judiciary Committee. | |||
|
X
|
X
|
Full faith and credit with other states suspended if they use international law
|
In Senate Judiciary Committee. | |||
|
X
|
X
|
X
|
X
|
Limited to Family law. Does not apply to use of English common law.
|
Approved by Judiciary Committee’s Civil Justice Subcommittee 2/7/13. | |
|
X
|
X
|
X
|
X
|
Limited to Family law. Does not apply to use of English common law.
|
In Senate Judiciary Committee. | |
|
X
|
X
|
X
|
X
|
In House Judiciary Committee. | ||
|
X
|
In Senate Rules Committee. | |||||
|
X
|
In Senate Judiciary Committee. | |||||
|
X
|
X
|
In House Judiciary Committee. | ||||
|
X
|
X
|
In Senate (no committee). | ||||
|
X
|
Specifically uses word “sharia” | Died in House Judiciary A Committee. | ||||
|
X
|
X
|
X
|
Died in House Judiciary A Committee. | |||
|
X
|
Died in House Judiciary A Committee. | |||||
|
X
|
X
|
Died in Senate Judiciary A Committee. | ||||
|
X
|
X
|
X
|
X
|
Approved by House Judiciary Committee 2/6/13. | ||
|
X
|
In House States’ Rights Committee. | |||||
|
X
|
X
|
In House Rules Committee. | ||||
|
X
|
X
|
X
|
In House Rules Committee. | |||
|
X
|
X
|
In Senate Judiciary Committee. | ||||
|
X
|
X
|
X
|
X
|
Approved by Senate Judiciary Committee 2/12/13. | ||
|
X
|
In Senate Judiciary Committee. | |||||
|
X
|
In Senate Judiciary Committee. | |||||
| In House Judiciary Committee. | ||||||
|
X
|
X
|
Limited to family law (divorce, marriage, parent-child relationship)
|
In House Judiciary Committee. | |||
| In House (no committee). | ||||||
|
X
|
X
|
Limited to family law (divorce, marriage, parent-child relationship)
|
In Senate State Affairs Committee. | |||
|
X
|
X
|
In House Judiciary Committee. | ||||
|
Does not apply to use of English common law, if enacted
|
Killed by full House 1/24/13. | |||||
|
Does not apply to use of English common law, if enacted
|
Died in House Judiciary Committee. | |||||
|
Limited to Domestic Relations (marriage, divorce, custody, visitation, support, adoption)
|
Withdrawn at sponsor’s request. |
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