Bans on court use of sharia/international law: Montana governor vetoes state’s version; claims bill is really “Sharia law ban” and would “open a dark chapter in our state’s history”

Montana’s governor has vetoed that state’s bill that would ban state court use of foreign or international law. Governor Steve Bullock’s veto message for SB 97 cites four main reasons.

  1. Despite protests that SB 97 was not driven by anti-Muslim sentiment, Bullock found the bill was driven by “Sharia law bans” tried in other states.
  2. Foreign law has infused the American legal system for centuries and in particular Montana’s legal system. The Governor here cites an 1871 law that “the common law of England, so far it is not repugnant to or inconsistent with the constitution of the United States or the constitution or laws of this state, is the rule of decision in all the courts of this state.” That law remains on the books as 1-1-109 MCA.
  3. The law itself is so broad that it would effectively make void and unenforceable almost all contracts that rely on a foreign legal system.
  4. There is no need for the bill since the U.S. and Montana constitutions already protect Montana residents, ” protections that our courts are sworn to uphold.”

The veto message concludes that with a “nation-wide surge in hate crimes” the bill “would open a dark chapter in our state’s history.”