More problems with the “Anti-Sharia Law” bill

The Brennan Center for Justice released a report last week addressing the consequences of  “Anti-Sharia Law” bills like H695 now pending in the Senate here.

As pointed out in the Executive Summary, foreign law bans are currently a solution in search of a problem. However, if these bans become law, states may soon be searching for solutions to the problems they have created.

Among the consequences that should be considered:

  • Disrupting family life: Marriage licenses, prenuptial agreements, adoption agreements, divorce decrees and child custody orders may not be honored in several U.S. states simply because they are based on a religious creed or foreign law.

  • Frustrating religious arbitrations: Since most foreign law bans also apply to arbitration tribunals, they call into question the ability of religious believers to settle family and other personal disputes through arbitration.

  • Thwarting choice of law in litigation and arbitration: Commercial parties frequently choose the law of another country to govern how a dispute is resolved. The bans are likely to compel state tribunals to override such a choice in a greater number of cases.

  • Difficulties enforcing foreign money judgments and arbitral awards: Parties may experience difficulties when trying to enforce a judgment or arbitral award obtained in another country that does not protect due process and other constitutional rights in the same way that the United States does.

  • Violating the separation of powers: The separation of powers prevents the concentration of too much power in any one branch of government. Giving state legislatures the power to dictate what legal sources the courts can look at when interpreting the law undermines this fundamental principle of American governance.

  • Invalidating court decisions in other states: State courts are bound to give “full faith and credit” to court decisions of other states. A foreign law ban could affect that arrangement when another state has considered foreign laws.

  • Banning international law: Some of the bans are so broad that they may cover international law. This body of law is part of the laws of the land under the Supremacy Clause and is treated just like federal law. But the bans pull out this category of law for special scrutiny.

The full report, “Foreign Law Bans: Legal Uncertainties and Practical Problems,” can be viewed here.

12 Comments

  1. Doug

    May 23, 2013 at 4:31 pm

    So you guys are not in favor of the “separation of church and state”. anymore? Or is it just because the religion is not Christianity being targeted that has you guys all in a tizzy?

    If that is the case then maybe the government schools can now actually teach that Christianity actually exists. My son has been indoctrinated about islam, hindu and some other religions but they conveniently leave out Christianity.

  2. RJ

    May 23, 2013 at 4:52 pm

    Doug: So, your children have been “indoctrinated” by NC’s public schools to become muslims and/or hindus? And you knew about it and didn’t stop it? Because of the administration’s committment to jihad or something? As the parent of public school kids in a relatively cosmo part of NC, and as the product of public schools in an NC backwater, I am confident that you are full of it.

    Of course, given your demonstrated inability to use the language very well, you might be mistaking “indoctrinated” for “studied” or “learned existed”. If so I apologize for calling you a liar.

  3. david esmay

    May 23, 2013 at 9:30 pm

    RJ, ignore Doug, he is one of the NC GOTP’s “useful idiots”.

  4. Gene Hoglan

    May 24, 2013 at 11:56 am

    Doug, I find it extremely hard to believe not only that you’ve reproduced, but that you’ve ever had intimate relations with a willing participant, sentient or otherwise.

  5. Doug

    May 24, 2013 at 12:54 pm

    RJ,
    There is not much you can do after the fact other than explain to him what the agenda of the government is. You can be sure I will tell my daughter before she enters sixth grade what will be happening. As my son was taking the test on religions I took the opportunity to point it out at that time so he got the correct view, but there is little you can do to stop the politically correct progressive march into the schools. At least for the time being…..

  6. Doug

    May 24, 2013 at 1:04 pm

    dave,
    I really hope they find a way to re-open Dix. It is a shame they closed it down and let you out and gave you a keyboard. A monkey typing random letters would contribute more to the discussion here.

  7. RJ

    May 24, 2013 at 2:44 pm

    Doug: What the hell are you talking about? The politically correct, arrogant government has an agenda to teach children about things they would not otherwise learn at church or home? That takes a lot of damn nerve, doesn’t it?

  8. david esmay

    May 24, 2013 at 5:18 pm

    Doug, you actually think you contribute to the discussion here? The fact is you are cognitively dissonant on every issue and regurgitate teacon drivel you find surfing righty blogs, the reality is you seem to be the illegitimate love child of Alex Jones and Glenn Beck. Cheers.

  9. david esmay

    May 24, 2013 at 6:35 pm

    Doug, I’ve decided, when it comes to you, your comments are so insipid, vacuous, and puerile, that I will simply reply with an ad hominem attack, because I’m sick of your stupidity.

  10. Doug

    May 27, 2013 at 2:48 pm

    Well dave….since you have resorted to a hate filled attack on me, you have validated my points for me.. Otherwise you would have some logic and facts on your side to present.

  11. RJ

    May 27, 2013 at 7:54 pm

    Doug: Back to our topic… What part of the public instruction threatened yours and your son’s worldview? Was there something so pernicious, so secular-humanist, that you had to warn your precious daughter before it began, after already infecting your son? Didn’t you realize that the liberal taint had already been buried in her psyche, probably that day when she learned that the 1st Amendment guaranteed free speech and assembly?

    Oh my God, free-thinking radicalism might be happening right this moment, probably on the TV, corrupting your snowflake children, reinforced daily by the godless communism of people who don’t wear ties every day!

    I think home school is the only answer for your kids. No other way to to protect them from the godless, progressive, public school indoctrination into the laws of physics and such. See your kids at Princeton!

  12. Doug

    May 29, 2013 at 4:42 pm

    RJ,
    The fact that Christianiy was specifically excluded is what threatens the world view. Are they supposed to just ignore it, shouldn’t muslums hindus et al also be subject to having to learn about a religion and culture other than their own then? Or are you not concerned about the separation of church and state in this instance…in that they are favoring several other religions? I already have begun educating my children about these things and how to think about what their teachers are trying to indoctrinate into them, not believe some of what they hear especially in this “social studies” class. I also teach them how the climate change pseudo science has overtaken real science too.

    Your problem though is that here the only free thinking is the thinking you proscribe vs. giving diverse points. It is the liberal/progressive propaganda or the highway….or we will call you names and call you closed minded even though liberals/progressives are the most closed minded of all because you squelch the free speech unless what is being said is exactly what we want you to say.