Bans on court use of sharia/international law: MO governor vetoes, citing problems with foreign adoptions & full faith and credit; override possible

With most legislatures now out of session the movement on efforts to ban the use of international or sharia law in state courts has all but come to a stop. The exception was in Missouri earlier this week, where that state’s governor has vetoed SB 267, that state’s version.

Governor Jay Nixon vetoed the measure, citing in part that the law is so broad it is likely to interfere with foreign adoptions and even violate the U.S. Constitution’s full faith & credit clause. Readers may note that I pointed out that Alabama’s version, SB 4 of 2013, set to be voted on by Alabama voters in 2014 addresses this full faith & credit issue head-on by specifically prohibiting state courts from recognizing court judgements from other states in certain cases.

Missouri’s legislature may still override; the bill passed 24-9 in the Senate (23 needed for override) and and 109-41 in the House (109 needed for override).

Other than Missouri the subject appears to be all but dead for the year; Texas adjourned with nothing advancing and while there was an attempt to insert an international/sharia law ban into legislation that was part of the 2011 special sessions there does not appear to be the same pressure to do the same in the 2013 special session already called.

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
Approved by full House 5/20/13. To appeal on 2014 ballot.
X
X
Full faith and credit with other states suspended if they use international law
Died in Senate Judiciary Committee.
X
X
X
Died in House Judiciary Committee.
X
X
X
X
Limited to Family law. Does not apply to use of English common law.
Approved by full House 4/18/13. Dies on Senate floor.
X
X
X
X
Limited to Family law. Does not apply to use of English common law.
Approved by Senate Children, Families, and Elder Affairs Committee 4/8/13. Died on Senate floor.
X
Died in Senate Rules Committee.
X
Approved by Senate Judiciary Committee 2/21/12. Approved by full Senate 2/26/13. Died in House Judiciary Committee.
X
X
X
X
Died in House Judiciary Committee.
X
X
Died in House Judiciary 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
In House Judiciary Committee.
X
X
Vetoed by Governor 6/3/13.
X
Limited to Divorce, Alimony, and Uniform Child-Custody Jurisdiction and Enforcement Act
Approved by full House 5/16/13.
X
X
X
X
Approved by full Senate 4/15/13. Signed into law by Governor 4/22/13.
X
Died in House States’ Rights Committee.
X
X
Died in House Rules Committee.
X
X
X
In House Rules Committee.
X
X
Died in Senate Judiciary Committee.
X
X
X
X
Contents amended and replaced with unrelated bill. See HB 1060 for main bill.
Approved by full Senate 2/25/13. In House Judiciary Committee.
X
In Senate Judiciary Committee.
X
In Senate Judiciary Committee.
Died in House Judiciary Committee.
X
X
Limited to family law (divorce, marriage, parent-child relationship)
Died in House Judiciary Committee.
Died in House State Affairs Committee.
X
X
Limited to family law (divorce, marriage, parent-child relationship)
Died in Senate State Affairs Committee.
X
Died in Senate State Affairs Committee.
X
X
Limited to family law (divorce, marriage, parent-child relationship)
Died on Senate floor.
Limited to Domestic Relations (marriage, divorce, custody, visitation, support, adoption)
Withdrawn at sponsor’s request.
X
X
Died in House Judiciary Committee.
Specifies no therapeutic or specialty court may be established specifically for the purpose of applying foreign law, including foreign criminal, civil, or religious law, that is otherwise not required by treaty . Signed into law by Governor 5/15/13.
X
X
Died 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.

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