Gavel to Gavel » Mississippi http://gaveltogavel.us/site A review of state legislation affecting the courts. Mon, 21 May 2012 13:24:34 +0000 en hourly 1 http://wordpress.org/?v=3.3.2 Bans on court use of sharia/international law: Killed in Alabama, legislatively approved in Kansas, withdrawn in New Jersey, sent to study committee in New Hampshire http://gaveltogavel.us/site/2012/05/14/bans-on-court-use-of-shariainternational-law-killed-in-alabama-legislatively-approved-in-kansas-withdrawn-in-new-jersey-sent-to-study-committee-in-new-hamsphire/ http://gaveltogavel.us/site/2012/05/14/bans-on-court-use-of-shariainternational-law-killed-in-alabama-legislatively-approved-in-kansas-withdrawn-in-new-jersey-sent-to-study-committee-in-new-hamsphire/#comments Mon, 14 May 2012 13:52:05 +0000 Bill Raftery http://gaveltogavel.us/site/?p=4708 With most legislatures now out of session, the last month saw little activity on legislation dealing with bans on court use of sharia/international law, but what there was was all in the last week:

May 7: Kansas’ House approves unanimously (120-0)  SB 79 as amended by the House, a statute to ban the use of foreign or international law.

May 8: New Hampshire’s Senate Judiciary Committee recommended referring that state’s version (HB 1422) to an interim summer study.

May 9: Alabama’s Senate voted to indefinitely postpone and effective kill proposed constitutional amendment SB 84.

May 10: New Jersey’s AB 919, which the author had previously noted would be withdrawn, was formally removed from the legislature.

May 11: Kansas’ Senate approved SB 79 on a 33-3 vote. Proponents went out of their way during the debate to note the word “sharia” was not included in the bill, however news reports indicate that sharia was the focus of the bill when introduced and was specifically mentioned during debate.

Full roster of 41 bills introduced and their statuses after the jump.

Bill Provisions Status
Alabama SB 33 (Constitutional Amendment) Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Committee on Judiciary.
Alabama SB 40 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Judiciary Committee.
Alabama SB 84 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Indefinitely postponed by full Senate 5/9/12.
Alaska HB 88 Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution. Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Carried over from 2011 session.
Florida HB 1209 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by House Judiciary Committee 2/22/12. Approved by full House 3/1/12. Died in Senate Judiciary Committee when legislature adjourned.
Florida SB 1360 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by Senate Budget Subcommittee on Criminal and Civil Justice Appropriations 2/28/12. Died on Senate floor when legislature adjourned.
Georgia HB 45 Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” In House Committee on Judiciary. Carried over from 2011 session. Died in committee when legislature adjourned.
Georgia HB 242 Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” Approved by House Committee on Judiciary Non-Civil 2/24/12. Died on House floor when legislature adjourned.
Georgia SB 51 Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States In Senate Committee on the Judiciary. Carried over from 2011 session. Died in committee when legislature adjourned.
Georgia SR 926 (Constitutional Amendment) Describes foreign and religious laws which are incompatible with the laws and policy of the United States and the State of Georgia. Provides ways in which incompatible laws may not be applied or enforced by courts of state. In Senate Committee on Judiciary. Died in committee when legislature adjourned.
Indiana HB 1166 Provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the United States Constitution or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement: (1) that provides for the choice of foreign laws in its interpretation; or (2) that provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or privilege guaranteed by the United States Constitution or the Constitution of the State of Indiana is void and unenforceable. Prohibits a court from granting certain motions if the transfer is likely to affect the constitutional rights of the nonmoving party. Provides that a court may not require or authorize any court to: (1) adjudicate or prohibit a religious organization from adjudicating ecclesiastical matters; or (2) determine or interpret the doctrine of a religious organization. In House Committee on Judiciary. Probably dead; failed to advance to Senate before crossover day.
Indiana SB 36 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement calling for the application of foreign law is not enforceable and is void if the provision cannot be modified, unless the contract explicitly states that it will be enforced in accordance with foreign law. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary. Probably dead; failed to advance to House before crossover day.
Indiana SB 90 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement between natural persons calling for the application of foreign law is not enforceable and is void if the provision cannot be modified. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary. Probably dead; failed to advance to House before crossover day.
Iowa HB 489 Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.” In House Judiciary Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa HB 575 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” In House State Government Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa HJR 14 (Constitutional Amendment) Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.” In House Judiciary Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa SB 2198 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” In Senate State Government Committee. Probably dead; failed to advance to House before crossover day.
Kansas HB 2087 Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Approved by full House 3/30/11. In Senate Committee on Judiciary. Carried over from 2011 session. Replaced with unrelated amendment text 5/10/11.
Kansas SB 79 ORIGINAL: Amends the state debt setoff law to provide that the collection assistance fee for all debts owed to a court shall be paid by the debtor as an additional cost, rather than deducted from the debts owed to a court. AS HOUSE AMENDED: Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Approved by full House 5/7/12. Approved by full Senate 5/11/12. To Governor for approval.
Kentucky HB 386 Establishes legislative intent that the rights of an individual afforded under the Constitutions of the Commonwealth and the United States take precedence over the application of any foreign law in any judicial or quasi-judicial proceeding. Strictly construe waivers of constitutional rights Provides exceptions for corporate entities Prohibits choice of venue outside of the Commonwealth or United States to preserve the constitutional rights of the person against whom enforcement is sought. In House Judiciary Committee. Died in committee when legislature adjourned.
Michigan HB 4769 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In House Committee on Judiciary.
Michigan SB 701 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In Senate Committee on Government Operations.
Minnesota SB 2281 Provides “A court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on a law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the Minnesota Constitution and the United States Constitution, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Minnesota Constitution.” Withdrawn by author 3/5/12.
Mississippi HB 2 Provides “”Foreign law” means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” In House Judiciary A Committee. Dead; failed to advance out of committee before deadline.
Mississippi HB 698 Prohibit use of international or Sharia law by state’s judiciary. In House Judiciary A Committee. Dead; failed to advance out of committee before deadline.
Missouri HB 1512 Provides court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state. Approved by full House 3/29/12.
Missouri SB 676 Mandates that any court, arbitration, tribunal, or administrative agency ruling shall be unenforceable if based on a foreign law that does not grant the parties the same rights as the parties have under the United States and Missouri constitutions. Approved by Senate General Laws Committee 2/28/12.
Nebraska LB 647 Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska. In Senate Judiciary Committee. Carried over from 2011 session. Died in committee when legislature adjourned.
New Hampshire HB 1422 Declares that no New Hampshire court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individual’s or corporation’s rights under the New Hampshire constitution or the United States Constitution. Referred to Interim Study by Senate Judiciary Committee 5/8/12.
New Jersey AB 919 Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America. Formally withdrawn by author 5/10/12.
New Mexico SJR 14 (Constitutional Amendment) Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.” In Senate Rules Committee. Died when legislature adjourned.
North Carolina HB 640 Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.” In House Committee on Judiciary Subcommittee C. Carried over from 2011 session.
Oklahoma HB 1552 Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions. Approved by full House 3/17/11. In Senate Rules Committee. Carried over from 2011 session.
Pennsylvania HB 2029 Provides a tribunal shall not consider a foreign legal code or system which does not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States Constitution and the Constitution of Pennsylvania. In House Judiciary Committee. Carried over from 2011 session.
South Carolina HB 3490 Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In House Judiciary Committee. Carried over from 2011 session.
South Carolina SB 444 Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In Senate Judiciary Committee. Carried over from 2011 session.
South Dakota HB 1253 ORIGINAL: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” AS AMENDED: “No court, administrative agency, or other governmental agency may enforce any provisions of any religious code.” Signed into law by Governor 3/12/12.
South Dakota SB 136 ORIGINAL: Provides any ruling or decision that makes use of international or foreign law is void and unenforceable if the court bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and South Dakota, including due process of law, freedom of religion, speech, or press, and any right of privacy or marriage as specifically provided by the constitution of this state. Foreign law, legal code, or system is any foreign law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Specifies the term foreign law does not include any tribal laws of the Native American tribes in the state. AS AMENDED: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” Deferred to 41st day (i.e. killed) by Senate Judiciary Committee 2/2/12.
Virginia HB 631 Provides that court decisions and contracts and other agreements will be void as violative of the public policy of the Commonwealth where such decisions or contracts are based on foreign law, i.e., law applied in a jurisdiction outside of the United States, where the application of such foreign law would violate a person’s rights guaranteed by the United States Constitution or the Constitution of Virginia. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
Virginia HB 825 Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law. Approved by House Committee for Courts of Justice 2/3/12. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
West Virginia HB 3220 Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.” In House Judiciary Committee. Carried over from 2011 session. Died when legislature adjourned.
]]> http://gaveltogavel.us/site/2012/05/14/bans-on-court-use-of-shariainternational-law-killed-in-alabama-legislatively-approved-in-kansas-withdrawn-in-new-jersey-sent-to-study-committee-in-new-hamsphire/feed/ 4 Bans on court use of sharia/international law: Activity in Missouri, Kansas tries to tie to Citizens United http://gaveltogavel.us/site/2012/04/09/bans-on-court-use-of-shariainternational-law-activity-in-missouri-kansas-tries-to-tie-to-citizens-united/ http://gaveltogavel.us/site/2012/04/09/bans-on-court-use-of-shariainternational-law-activity-in-missouri-kansas-tries-to-tie-to-citizens-united/#comments Mon, 09 Apr 2012 18:18:33 +0000 Bill Raftery http://gaveltogavel.us/site/?p=4562 This post has been updated, click here.

The last several weeks in the examination bans on court use of sharia/international law have seen two notable pieces of activity.

The first was in Kansas. As noted in the last update SB 79, as originally introduced, had nothing to do with international law or sharia. The House changed the bill entirely, substituting the language of HB 2087 for the original bill. When brought to the full House, a further amendment was offered to, in effect, declare the U.S. Supreme Court’s decision in Citizens United void.

Except as expressly provided by law, no corporation shall be deemed to hold the same rights and privileges possessed by natural persons.

That amendment failed 46-74. The House substitute language was approved March 28 and sent to a House/Senate conference committee.

The second piece of activity was in Missouri. There, HB 1512 (the “Civil Liberties Defense Act”) was approved by full House on March 27. A similar Senate bill was approved in committee in February and could be taken up for a Senate floor vote as early as tomorrow (April 10).

Full roster of 41 bills introduced and their statuses after the jump.

Bill Provisions Status
Alabama SB 33 (Constitutional Amendment) Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Committee on Judiciary.
Alabama SB 40 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Judiciary Committee.
Alabama SB 84 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Approved by Senate Committee on Judiciary 3/1/12.
Alaska HB 88 Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution. Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Carried over from 2011 session.
Florida HB 1209 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by House Judiciary Committee 2/22/12. Approved by full House 3/1/12. Died in Senate Judiciary Committee when legislature adjourned.
Florida SB 1360 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by Senate Budget Subcommittee on Criminal and Civil Justice Appropriations 2/28/12. Died on Senate floor when legislature adjourned.
Georgia HB 45 Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” In House Committee on Judiciary. Carried over from 2011 session. Died in committee when legislature adjoruned.
Georgia HB 242 Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” Approved by House Committee on Judiciary Non-Civil 2/24/12. Died on House floor when legislature adjoruned.
Georgia SB 51 Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States In Senate Committee on the Judiciary. Carried over from 2011 session. Died in committee when legislature adjoruned.
Georgia SR 926 (Constitutional Amendment) Describes foreign and religious laws which are incompatible with the laws and policy of the United States and the State of Georgia. Provides ways in which incompatible laws may not be applied or enforced by courts of state. In Senate Committee on Judiciary. Died in committee when legislature adjoruned.
Indiana HB 1166 Provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the United States Constitution or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement: (1) that provides for the choice of foreign laws in its interpretation; or (2) that provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or privilege guaranteed by the United States Constitution or the Constitution of the State of Indiana is void and unenforceable. Prohibits a court from granting certain motions if the transfer is likely to affect the constitutional rights of the nonmoving party. Provides that a court may not require or authorize any court to: (1) adjudicate or prohibit a religious organization from adjudicating ecclesiastical matters; or (2) determine or interpret the doctrine of a religious organization. In House Committee on Judiciary. Probably dead; failed to advance to Senate before crossover day.
Indiana SB 36 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement calling for the application of foreign law is not enforceable and is void if the provision cannot be modified, unless the contract explicitly states that it will be enforced in accordance with foreign law. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary. Probably dead; failed to advance to House before crossover day.
Indiana SB 90 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement between natural persons calling for the application of foreign law is not enforceable and is void if the provision cannot be modified. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary. Probably dead; failed to advance to House before crossover day.
Iowa HB 489 Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.” In House Judiciary Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa HB 575 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” In House State Government Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa HJR 14 (Constitutional Amendment) Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.” In House Judiciary Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa SB 2198 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” In Senate State Government Committee. Probably dead; failed to advance to House before crossover day.
Kansas HB 2087 Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Approved by full House 3/30/11. In Senate Committee on Judiciary. Carried over from 2011 session. Died in committee when legislature adjoruned.
Kansas SB 79 ORIGINAL: Amends the state debt setoff law to provide that the collection assistance fee for all debts owed to a court shall be paid by the debtor as an additional cost, rather than deducted from the debts owed to a court. AS HOUSE AMENDED: Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Approved by full House 3/21/12. In conference committee.
Kentucky HB 386 Establishes legislative intent that the rights of an individual afforded under the Constitutions of the Commonwealth and the United States take precedence over the application of any foreign law in any judicial or quasi-judicial proceeding. Strictly construe waivers of constitutional rights Provides exceptions for corporate entities Prohibits choice of venue outside of the Commonwealth or United States to preserve the constitutional rights of the person against whom enforcement is sought. In House Judiciary Committee.
Michigan HB 4769 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In House Committee on Judiciary.
Michigan SB 701 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In Senate Committee on Government Operations.
Minnesota SB 2281 Provides “A court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on a law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the Minnesota Constitution and the United States Constitution, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Minnesota Constitution.” Withdrawn by author 3/5/12.
Mississippi HB 2 Provides “”Foreign law” means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” In House Judiciary A Committee. Dead; failed to advance out of committee before deadline.
Mississippi HB 698 Prohibit use of international or Sharia law by state’s judiciary. In House Judiciary A Committee. Dead; failed to advance out of committee before deadline.
Missouri HB 1512 Provides court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state. Approved by full House 3/29/12.
Missouri SB 676 Mandates that any court, arbitration, tribunal, or administrative agency ruling shall be unenforceable if based on a foreign law that does not grant the parties the same rights as the parties have under the United States and Missouri constitutions. Approved by Senate General Laws Committee 2/28/12.
Nebraska LB 647 Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska. In Senate Judiciary Committee. Carried over from 2011 session.
New Hampshire HB 1422 Declares that no New Hampshire court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individual’s or corporation’s rights under the New Hampshire constitution or the United States Constitution. Approved as amended by full House 2/22/12.
New Jersey AB 919 Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America. Author has announced she will withdraw bill 3/13/12.
New Mexico SJR 14 (Constitutional Amendment) Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.” In Senate Rules Committee. Died when legislature adjourned.
North Carolina HB 640 Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.” In House Committee on Judiciary Subcommittee C. Carried over from 2011 session.
Oklahoma HB 1552 Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions. Approved by full House 3/17/11. In Senate Rules Committee. Carried over from 2011 session.
Pennsylvania HB 2029 Provides a tribunal shall not consider a foreign legal code or system which does not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States Constitution and the Constitution of Pennsylvania. In House Judiciary Committee. Carried over from 2011 session.
South Carolina HB 3490 Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In House Judiciary Committee. Carried over from 2011 session.
South Carolina SB 444 Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In Senate Judiciary Committee. Carried over from 2011 session.
South Dakota HB 1253 ORIGINAL: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” AS AMENDED: “No court, administrative agency, or other governmental agency may enforce any provisions of any religious code.” Signed into law by Governor 3/12/12.
South Dakota SB 136 ORIGINAL: Provides any ruling or decision that makes use of international or foreign law is void and unenforceable if the court bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and South Dakota, including due process of law, freedom of religion, speech, or press, and any right of privacy or marriage as specifically provided by the constitution of this state. Foreign law, legal code, or system is any foreign law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Specifies the term foreign law does not include any tribal laws of the Native American tribes in the state. AS AMENDED: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” Deferred to 41st day (i.e. killed) by Senate Judiciary Committee 2/2/12.
Virginia HB 631 Provides that court decisions and contracts and other agreements will be void as violative of the public policy of the Commonwealth where such decisions or contracts are based on foreign law, i.e., law applied in a jurisdiction outside of the United States, where the application of such foreign law would violate a person’s rights guaranteed by the United States Constitution or the Constitution of Virginia. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
Virginia HB 825 Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law. Approved by House Committee for Courts of Justice 2/3/12. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
West Virginia HB 3220 Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.” In House Judiciary Committee. Carried over from 2011 session. Died when legislature adjourned.
]]> http://gaveltogavel.us/site/2012/04/09/bans-on-court-use-of-shariainternational-law-activity-in-missouri-kansas-tries-to-tie-to-citizens-united/feed/ 2 Bans on court use of sharia/international law: Bills withdrawn in Minnesota and New Jersey, Kansas House attaches ban to unrelated bill http://gaveltogavel.us/site/2012/03/20/bans-on-court-use-of-shariainternational-law-bills-withdrawn-in-minnesota-and-new-jersey-kansas-house-attaches-ban-to-unrelated-bill/ http://gaveltogavel.us/site/2012/03/20/bans-on-court-use-of-shariainternational-law-bills-withdrawn-in-minnesota-and-new-jersey-kansas-house-attaches-ban-to-unrelated-bill/#comments Tue, 20 Mar 2012 13:40:53 +0000 Bill Raftery http://gaveltogavel.us/site/?p=4423 This post has been updated. Click here.

The last several weeks in the examination bans on court use of sharia/international law have seen something new: while such bans have been voted down in committee before for t he first time authors are starting to withdraw the bills outright.

Minnesota’s SB 2281 was withdrawn the day it was introduced. According to WCCO TV:

Before the bill was even introduced, the author, Republican Dave Thompson pulled it. “It was never my intent to introduce legislation that was being targeted to any one group,” said Thompson.

The second bill was New Jersey’s AB 919 (introduced in the 2010/2011 session as AB 3496). Introduced January 10 of this year, the bill was withdrawn last week. The NJ Assembly Republicans blog on March 13 quotes the bill’s author (GOP Assemblywoman Holly Schepisi):

In the climate of what has been transpiring in the Muslim community in New Jersey, they were concerned it would further, in their view, portray Muslims in a negative light. After sitting and listening to their concerns, I agreed to withdraw it.

The legislature’s website, however, does not yet show the bill has having been formally withdrawn. (No direct link to bill status page, follow this link and search for bill AB 919).

The other activity was in Kansas. SB 79, as originally introduced, had nothing to do with international law or sharia. Instead, it made a modification to an existing state program that helped courts recover fees/fines owed. That bill passed the Senate unanimously.

Yesterday (March 19) the House changed the bill entirely. The House substitute for SB 79 simply replicates the language of HB 2087, which the House had passed in 2011 and the Senate had declined to advance.

Readers may recognize this tactic on the part of the Kansas House. When the House approved bills to end merit selection for the state’s Court of Appeals, bills the Senate did not take up, the House started to add provisions to unrelated bills (see here, here, and here). The difference here is that rather than tacking on the new provision to the existing bill, this effort simply replaces the text of the bill entirely.

Full roster of 41 bills introduced and their statuses after the jump.

Bill Provisions Status
Alabama SB 33 (Constitutional Amendment) Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Committee on Judiciary.
Alabama SB 40 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Judiciary Committee.
Alabama SB 84 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Approved by Senate Committee on Judiciary 3/1/12.
Alaska HB 88 Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution. Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Carried over from 2011 session.
Florida HB 1209 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by House Judiciary Committee 2/22/12. Approved by full House 3/1/12. Died in Senate Judiciary Committee when legislature adjourned.
Florida SB 1360 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by Senate Budget Subcommittee on Criminal and Civil Justice Appropriations 2/28/12. Died on Senate floor when legislature adjourned.
Georgia HB 45 Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” In House Committee on Judiciary. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Georgia HB 242 Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” Approved by House Committee on Judiciary Non-Civil 2/24/12. Probably dead; failed to advance to Senate before crossover day
Georgia SB 51 Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States In Senate Committee on the Judiciary. Carried over from 2011 session. Probably dead; failed to advance to House before crossover day.
Georgia SR 926 (Constitutional Amendment) Describes foreign and religious laws which are incompatible with the laws and policy of the United States and the State of Georgia. Provides ways in which incompatible laws may not be applied or enforced by courts of state. In Senate Committee on Judiciary. Probably dead; failed to advance to House before crossover day.
Indiana HB 1166 Provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the United States Constitution or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement: (1) that provides for the choice of foreign laws in its interpretation; or (2) that provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or privilege guaranteed by the United States Constitution or the Constitution of the State of Indiana is void and unenforceable. Prohibits a court from granting certain motions if the transfer is likely to affect the constitutional rights of the nonmoving party. Provides that a court may not require or authorize any court to: (1) adjudicate or prohibit a religious organization from adjudicating ecclesiastical matters; or (2) determine or interpret the doctrine of a religious organization. In House Committee on Judiciary. Probably dead; failed to advance to Senate before crossover day.
Indiana SB 36 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement calling for the application of foreign law is not enforceable and is void if the provision cannot be modified, unless the contract explicitly states that it will be enforced in accordance with foreign law. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary. Probably dead; failed to advance to House before crossover day.
Indiana SB 90 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement between natural persons calling for the application of foreign law is not enforceable and is void if the provision cannot be modified. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary. Probably dead; failed to advance to House before crossover day.
Iowa HB 489 Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.” In House Judiciary Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa HB 575 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” In House State Government Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa HJR 14 (Constitutional Amendment) Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.” In House Judiciary Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa SB 2198 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” In Senate State Government Committee. Probably dead; failed to advance to House before crossover day.
Kansas HB 2087 Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Approved by full House 3/30/11. In Senate Committee on Judiciary. Carried over from 2011 session.
Kansas SB 79 ORIGINAL: Amends the state debt setoff law to provide that the collection assistance fee for all debts owed to a court shall be paid by the debtor as an additional cost, rather than deducted from the debts owed to a court. AS HOUSE AMENDED: Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Approved as amended by House Committee on Judiciary 3/19/12.
Kentucky HB 386 Establishes legislative intent that the rights of an individual afforded under the Constitutions of the Commonwealth and the United States take precedence over the application of any foreign law in any judicial or quasi-judicial proceeding. Strictly construe waivers of constitutional rights Provides exceptions for corporate entities Prohibits choice of venue outside of the Commonwealth or United States to preserve the constitutional rights of the person against whom enforcement is sought. In House (no committee).
Michigan HB 4769 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In House Committee on Judiciary.
Michigan SB 701 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In Senate Committee on Government Operations.
Minnesota SB 2281 Provides “A court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on a law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the Minnesota Constitution and the United States Constitution, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Minnesota Constitution.” Withdrawn by author 3/5/12.
Mississippi HB 2 Provides “”Foreign law” means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” In House Judiciary A Committee. Probably dead; failed to advance out of committee before deadline.
Mississippi HB 698 Prohibit use of international or Sharia law by state’s judiciary. In House Judiciary A Committee. Probably dead; failed to advance out of committee before deadline.
Missouri HB 1512 Provides court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state. Approved by House Rules Committee 3/8/12.
Missouri SB 676 Mandates that any court, arbitration, tribunal, or administrative agency ruling shall be unenforceable if based on a foreign law that does not grant the parties the same rights as the parties have under the United States and Missouri constitutions. Approved by Senate General Laws Committee 2/28/12.
Nebraska LB 647 Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska. In Senate Judiciary Committee. Carried over from 2011 session.
New Hampshire HB 1422 Declares that no New Hampshire court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individual’s or corporation’s rights under the New Hampshire constitution or the United States Constitution. Approved as amended by full House 2/22/12.
New Jersey AB 919 Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America. Author has announced she will withdraw bill 3/13/12.
New Mexico SJR 14 (Constitutional Amendment) Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.” In Senate Rules Committee. Died when legislature adjourned.
North Carolina HB 640 Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.” In House Committee on Judiciary Subcommittee C. Carried over from 2011 session.
Oklahoma HB 1552 Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions. Approved by full House 3/17/11. In Senate Rules Committee. Carried over from 2011 session.
Pennsylvania HB 2029 Provides a tribunal shall not consider a foreign legal code or system which does not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States Constitution and the Constitution of Pennsylvania. In House Judiciary Committee. Carried over from 2011 session.
South Carolina HB 3490 Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In House Judiciary Committee. Carried over from 2011 session.
South Carolina SB 444 Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In Senate Judiciary Committee. Carried over from 2011 session.
South Dakota HB 1253 ORIGINAL: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” AS AMENDED: “No court, administrative agency, or other governmental agency may enforce any provisions of any religious code.” Signed into law by Governor 3/12/12.
South Dakota SB 136 ORIGINAL: Provides any ruling or decision that makes use of international or foreign law is void and unenforceable if the court bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and South Dakota, including due process of law, freedom of religion, speech, or press, and any right of privacy or marriage as specifically provided by the constitution of this state. Foreign law, legal code, or system is any foreign law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Specifies the term foreign law does not include any tribal laws of the Native American tribes in the state. AS AMENDED: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” Deferred to 41st day (i.e. killed) by Senate Judiciary Committee 2/2/12.
Virginia HB 631 Provides that court decisions and contracts and other agreements will be void as violative of the public policy of the Commonwealth where such decisions or contracts are based on foreign law, i.e., law applied in a jurisdiction outside of the United States, where the application of such foreign law would violate a person’s rights guaranteed by the United States Constitution or the Constitution of Virginia. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
Virginia HB 825 Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law. Approved by House Committee for Courts of Justice 2/3/12. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
West Virginia HB 3220 Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.” In House Judiciary Committee. Carried over from 2011 session. Died when legislature adjourned.
]]> http://gaveltogavel.us/site/2012/03/20/bans-on-court-use-of-shariainternational-law-bills-withdrawn-in-minnesota-and-new-jersey-kansas-house-attaches-ban-to-unrelated-bill/feed/ 3 Bans on court use of sharia/international law: South Dakota governor signs, dead in Florida, failing to advance in any other states http://gaveltogavel.us/site/2012/03/13/bans-on-court-use-of-shariainternational-law-south-dakota-governor-signs-dead-in-florida-failing-to-advance-in-any-other-states/ http://gaveltogavel.us/site/2012/03/13/bans-on-court-use-of-shariainternational-law-south-dakota-governor-signs-dead-in-florida-failing-to-advance-in-any-other-states/#comments Tue, 13 Mar 2012 13:33:09 +0000 Bill Raftery http://gaveltogavel.us/site/?p=4383 This post has been updated. Click here.
If February was the active month for legislative bans on court use of sharia/international law, March may turn out to be the quiet month.

Yesterday (March 12) South Dakota’s governor signed into law HB 1253 which reads “No court, administrative agency, or other governmental agency may enforce any provisions of any religious code.”

The other activity, or lack thereof, was in Florida where that state’s multiple efforts failed to advance before that legislature adjourned. (Missouri’s Rules Committee passage was more procedural than substantive).

The possibility of any other state advancing such bans is diminishing; already many proposals have failed to meet internal legislative deadlines to advance out of their committees or chambers of origin (so-called “crossover” days).

Full roster of 39 40 bills introduced and their statuses after the jump.

Update 3/13/12 10:40 a.m.: Minnesota SB 2281 added

Bill Provisions Status
Alabama SB 33 (Constitutional Amendment) Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Committee on Judiciary.
Alabama SB 40 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Judiciary Committee.
Alabama SB 84 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Approved by Senate Committee on Judiciary 3/1/12.
Alaska HB 88 Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution. Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Carried over from 2011 session.
Florida HB 1209 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by House Judiciary Committee 2/22/12. Approved by full House 3/1/12. Died in Senate Judiciary Committee when legislature adjourned.
Florida SB 1360 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by Senate Budget Subcommittee on Criminal and Civil Justice Appropriations 2/28/12. Died on Senate floor when legislature adjourned.
Georgia HB 45 Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” In House Committee on Judiciary. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Georgia HB 242 Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” Approved by House Committee on Judiciary Non-Civil 2/24/12. Probably dead; failed to advance to Senate before crossover day
Georgia SB 51 Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States In Senate Committee on the Judiciary. Carried over from 2011 session. Probably dead; failed to advance to House before crossover day.
Georgia SR 926 (Constitutional Amendment) Describes foreign and religious laws which are incompatible with the laws and policy of the United States and the State of Georgia. Provides ways in which incompatible laws may not be applied or enforced by courts of state. In Senate Committee on Judiciary. Probably dead; failed to advance to House before crossover day.
Indiana HB 1166 Provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the United States Constitution or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement: (1) that provides for the choice of foreign laws in its interpretation; or (2) that provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or privilege guaranteed by the United States Constitution or the Constitution of the State of Indiana is void and unenforceable. Prohibits a court from granting certain motions if the transfer is likely to affect the constitutional rights of the nonmoving party. Provides that a court may not require or authorize any court to: (1) adjudicate or prohibit a religious organization from adjudicating ecclesiastical matters; or (2) determine or interpret the doctrine of a religious organization. In House Committee on Judiciary. Probably dead; failed to advance to Senate before crossover day.
Indiana SB 36 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement calling for the application of foreign law is not enforceable and is void if the provision cannot be modified, unless the contract explicitly states that it will be enforced in accordance with foreign law. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary. Probably dead; failed to advance to House before crossover day.
Indiana SB 90 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement between natural persons calling for the application of foreign law is not enforceable and is void if the provision cannot be modified. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary. Probably dead; failed to advance to House before crossover day.
Iowa HB 489 Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.” In House Judiciary Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa HB 575 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” In House State Government Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa HJR 14 (Constitutional Amendment) Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.” In House Judiciary Committee. Carried over from 2011 session. Probably dead; failed to advance to Senate before crossover day.
Iowa SB 2198 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” In Senate State Government Committee. Probably dead; failed to advance to House before crossover day.
Kansas HB 2087 Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Approved by full House 3/30/11. In Senate Committee on Judiciary. Carried over from 2011 session.
Kentucky HB 386 Establishes legislative intent that the rights of an individual afforded under the Constitutions of the Commonwealth and the United States take precedence over the application of any foreign law in any judicial or quasi-judicial proceeding. Strictly construe waivers of constitutional rights Provides exceptions for corporate entities Prohibits choice of venue outside of the Commonwealth or United States to preserve the constitutional rights of the person against whom enforcement is sought. In House (no committee).
Michigan HB 4769 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In House Committee on Judiciary.
Michigan SB 701 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In Senate Committee on Government Operations.
Minnesota SB 2281 Provides “A court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on a law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the Minnesota Constitution and the United States Constitution, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Minnesota Constitution.” In Senate Judiciary and Public Safety Committee.
Mississippi HB 2 Provides “”Foreign law” means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states
or territories of the United States…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.”		 In House Judiciary A Committee. Probably dead; failed to advance out of committee before deadline.
Mississippi HB 698 Prohibit use of international or Sharia law by state’s judiciary. In House Judiciary A Committee. Probably dead; failed to advance out of committee before deadline.
Missouri HB 1512 Provides court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state. Approved by House Rules Committee 3/8/12.
Missouri SB 676 Mandates that any court, arbitration, tribunal, or administrative agency ruling shall be unenforceable if based on a foreign law that does not grant the parties the same rights as the parties have under the United States and Missouri constitutions. Approved by Senate General Laws Committee 2/28/12.
Nebraska LB 647 Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska. In Senate Judiciary Committee. Carried over from 2011 session.
New Hampshire HB 1422 Declares that no New Hampshire court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individual’s or corporation’s rights under the New Hampshire constitution or the United States Constitution. Approved as amended by full House 2/22/12.
New Jersey AB 919 Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America. In Assembly Judiciary Committee.
New Mexico SJR 14 (Constitutional Amendment) Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.” In Senate Rules Committee. Died when legislature adjourned.
North Carolina HB 640 Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.” In House Committee on Judiciary Subcommittee C. Carried over from 2011 session.
Oklahoma HB 1552 Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions. Approved by full House 3/17/11. In Senate Rules Committee. Carried over from 2011 session.
Pennsylvania HB 2029 Provides a tribunal shall not consider a foreign legal code or system which does not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States Constitution and the Constitution of Pennsylvania. In House Judiciary Committee. Carried over from 2011 session.
South Carolina HB 3490 Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In House Judiciary Committee. Carried over from 2011 session.
South Carolina SB 444 Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In Senate Judiciary Committee. Carried over from 2011 session.
South Dakota HB 1253 ORIGINAL: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” AS AMENDED: “No court, administrative agency, or other governmental agency may enforce any provisions of any religious code.” Signed into law by Governor 3/12/12.
South Dakota SB 136 ORIGINAL: Provides any ruling or decision that makes use of international or foreign law is void and unenforceable if the court bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and South Dakota, including due process of law, freedom of religion, speech, or press, and any right of privacy or marriage as specifically provided by the constitution of this state. Foreign law, legal code, or system is any foreign law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Specifies the term foreign law does not include any tribal laws of the Native American tribes in the state. AS AMENDED: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” Deferred to 41st day (i.e. killed) by Senate Judiciary Committee 2/2/12.
Virginia HB 631 Provides that court decisions and contracts and other agreements will be void as violative of the public policy of the Commonwealth where such decisions or contracts are based on foreign law, i.e., law applied in a jurisdiction outside of the United States, where the application of such foreign law would violate a person’s rights guaranteed by the United States Constitution or the Constitution of Virginia. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
Virginia HB 825 Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law. Approved by House Committee for Courts of Justice 2/3/12. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
West Virginia HB 3220 Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.” In House Judiciary Committee. Carried over from 2011 session. Died when legislature adjourned.
]]> http://gaveltogavel.us/site/2012/03/13/bans-on-court-use-of-shariainternational-law-south-dakota-governor-signs-dead-in-florida-failing-to-advance-in-any-other-states/feed/ 5 Bans on court use of sharia/international law: On South Dakota governor’s desk; advancing in legislative committees in Alabama, Florida, Georgia, Missouri, New Hampshire http://gaveltogavel.us/site/2012/03/02/bans-on-court-use-of-shariainternational-law-on-south-dakota-governors-desk-advancing-in-legislative-committees-in-alabama-florida-georgia-missouri-new-hampshire/ http://gaveltogavel.us/site/2012/03/02/bans-on-court-use-of-shariainternational-law-on-south-dakota-governors-desk-advancing-in-legislative-committees-in-alabama-florida-georgia-missouri-new-hampshire/#comments Fri, 02 Mar 2012 16:00:27 +0000 Bill Raftery http://gaveltogavel.us/site/?p=4282 This post has been updated. Click here.

Like the two weeks before it, these last two weeks since my last update in this area have been particularly busy. Of note:

  • Three new bills introduced: Georgia SR 926 (Constitutional Amendment), Iowa SB 2158 (the Senate version of HB 575 introduced last year and still pending), and Mississippi HB 698. The Mississippi bill is interesting; despite the Court of Appeals for the Tenth Circuit decision in January 2012 that overturned a similar Oklahoma initiative because it cited sharia by name, HB 698 specifically cites to sharia as well in its definition of “foreign law” the use of which is prohibited in the state’s courts by the bill.
  • South Dakota’s heavily modified version (“No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.”) was approved by both chambers and is now on the desk of the state’s Governor.
  • Bans in Alabama, Florida, Georgia, Missouri, and New Hampshire met with committee approval, while Florida HB 1209 was approved by the full House yesterday (March 1).

Full roster of 39 bills introduced and their statuses after the jump.

Bill Provisions Status
Alaska HB 88 Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution. Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Carried over from 2011 session.
Alabama SB 33 (Constitutional Amendment) Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Committee on Judiciary.
Alabama SB 40 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Judiciary Committee.
Alabama SB 84 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Approved by Senate Committee on Judiciary 3/1/12.
Florida HB 1209 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by House Judiciary Committee 2/22/12. Approved by full House 3/1/12.
Florida SB 1360 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by Budget Subcommittee on Criminal and Civil Justice Appropriations 2/28/12.
Georgia HB 45 Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” In House Committee on Judiciary. Carried over from 2011 session.
Georgia HB 242 Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” Approved by House Committee on Judiciary Non-Civil 2/24/12.
Georgia SB 51 Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States In Senate Committee on the Judiciary. Carried over from 2011 session.
Georgia SR 926 (Constitutional Amendment) Describes foreign and religious laws which are incompatible with the laws and policy of the United States and the State of Georgia. Provides ways in which incompatible laws may not be applied or enforced by courts of state. In Senate Committee on Judiciary.
Indiana HB 1166 Provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the United States Constitution or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement: (1) that provides for the choice of foreign laws in its interpretation; or (2) that provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or privilege guaranteed by the United States Constitution or the Constitution of the State of Indiana is void and unenforceable. Prohibits a court from granting certain motions if the transfer is likely to affect the constitutional rights of the nonmoving party. Provides that a court may not require or authorize any court to: (1) adjudicate or prohibit a religious organization from adjudicating ecclesiastical matters; or (2) determine or interpret the doctrine of a religious organization. In House Committee on Judiciary.
Indiana SB 36 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement calling for the application of foreign law is not enforceable and is void if the provision cannot be modified, unless the contract explicitly states that it will be enforced in accordance with foreign law. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary.
Indiana SB 90 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement between natural persons calling for the application of foreign law is not enforceable and is void if the provision cannot be modified. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary.
Iowa HB 489 Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.” In House Judiciary Committee. Carried over from 2011 session.
Iowa HB 575 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” In House State Government Committee. Carried over from 2011 session.
Iowa HJR 14 (Constitutional Amendment) Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.” In House Judiciary Committee. Carried over from 2011 session.
Iowa SB 2198 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” In Senate State Government Committee.
Kansas HB 2087 Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Approved by full House 3/30/11. In Senate Committee on Judiciary. Carried over from 2011 session.
Kentucky HB 386 Establishes legislative intent that the rights of an individual afforded under the Constitutions of the Commonwealth and the United States take precedence over the application of any foreign law in any judicial or quasi-judicial proceeding. Strictly construe waivers of constitutional rights Provides exceptions for corporate entities Prohibits choice of venue outside of the Commonwealth or United States to preserve the constitutional rights of the person against whom enforcement is sought. In House (no committee).
Michigan HB 4769 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In House Committee on Judiciary.
Michigan SB 701 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In Senate Committee on Government Operations.
Mississippi HB 2 Provides “”Foreign law” means any law, rule, or legal code or system
established and used or applied in a jurisdiction outside of the states
or territories of the United States…A court, arbitrator,
administrative agency, or other adjudicative, mediation, or enforcement
authority shall not enforce a foreign law if doing so would violate a
right guaranteed by the Constitution of this state or of the United
States.”		 In House Judiciary A Committee.
Mississippi HB 698 Prohibit use of international or Sharia law by state’s judiciary. In House Judiciary A Committee.
Missouri HB 1512 Provides court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state. Approved by House Judiciary Committee 2/15/12.
Missouri SB 676 Mandates that any court, arbitration, tribunal, or administrative agency ruling shall be unenforceable if based on a foreign law that does not grant the parties the same rights as the parties have under the United States and Missouri constitutions. Approved by Senate General Laws Committee 2/28/12.
Nebraska LB 647 Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska. In Senate Judiciary Committee. Carried over from 2011 session.
New Hampshire HB 1422 Declares that no New Hampshire court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individual’s or corporation’s rights under the New Hampshire constitution or the United States Constitution. Approved as amended by House Committee on Judiciary 2/22/12.
New Jersey AB 919 Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America. In Assembly Judiciary Committee.
New Mexico SJR 14 (Constitutional Amendment) Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.” In Senate Rules Committee.
North Carolina HB 640 Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.” In House Committee on Judiciary Subcommittee C. Carried over from 2011 session.
Oklahoma HB 1552 Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions. Approved by full House 3/17/11. In Senate Rules Committee. Carried over from 2011 session.
Pennsylvania HB 2029 Provides a tribunal shall not consider a foreign legal code or system which does not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States Constitution and the Constitution of Pennsylvania. In House Judiciary Committee. Carried over from 2011 session.
South Carolina HB 3490 Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In House Judiciary Committee. Carried over from 2011 session.
South Carolina SB 444 Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In Senate Judiciary Committee. Carried over from 2011 session.
South Dakota HB 1253 “”No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” Approved by full Seante 2/28/12. To Governor for approval.
South Dakota SB 136 ORIGINAL: Provides any ruling or decision that makes use of international or foreign law is void and unenforceable if the court bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and South Dakota, including due process of law, freedom of religion, speech, or press, and any right of privacy or marriage as specifically provided by the constitution of this state. Foreign law, legal code, or system is any foreign law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Specifies the term foreign law does not include any tribal laws of the Native American tribes in the state. AS AMENDED: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” Deferred to 41st day (i.e. killed) by Senate Judiciary Committee 2/2/12.
Virginia HB 631 Provides that court decisions and contracts and other agreements will be void as violative of the public policy of the Commonwealth where such decisions or contracts are based on foreign law, i.e., law applied in a jurisdiction outside of the United States, where the application of such foreign law would violate a person’s rights guaranteed by the United States Constitution or the Constitution of Virginia. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
Virginia HB 825 Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law. Approved by House Committee for Courts of Justice 2/3/12. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
West Virginia HB 3220 Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.” In House Judiciary Committee. Carried over from 2011 session.
]]> http://gaveltogavel.us/site/2012/03/02/bans-on-court-use-of-shariainternational-law-on-south-dakota-governors-desk-advancing-in-legislative-committees-in-alabama-florida-georgia-missouri-new-hampshire/feed/ 2 Another day, another legislative plan to prosecute judges for their decisions, this time in Mississippi http://gaveltogavel.us/site/2012/02/24/another-day-another-legislative-plan-to-prosecute-judges-for-their-decisions-this-time-in-mississippi/ http://gaveltogavel.us/site/2012/02/24/another-day-another-legislative-plan-to-prosecute-judges-for-their-decisions-this-time-in-mississippi/#comments Fri, 24 Feb 2012 14:26:16 +0000 Bill Raftery http://gaveltogavel.us/site/?p=4219 In yesterday’s Gavel to Gavel e-newsletter (free subscription here) I noted that Iowa’s Senate was considering a bill to make it a Class D felony for judges in the state to use or cite international law. Today’s effort at prosecuting judges for their opinions comes from Mississippi.

HCR 75 is a constitutional amendment made up of three parts.

The first grants any qualified elector with at least an Associate’s degree the right to submit a bill draft request to the legislature, which must then draft the bill and consider it.

The second provides any law enforcement officer who commits misconduct, racial misconduct, unnecessary physical abuse or other improper conduct against another shall, is to face a $5,000 fine and be suspended for 30 days.

The third is focused on judges and prosecutors. Under it, any judge who

  • deprives a person of his constitutional or civil rights,
  • abuses or exceeds the authority of his office,
  • does not maintain proper decorum in the court room, or
  • engages in unethical conduct

is to be criminally prosecuted. Conviction of a first offense means a $5,000 fine and a law license suspension for 90 days. Second or subsequent convictions have no fine provision, but would result in suspension of the judge’s law license for 1 year.

Given that judges/justices of the state’s courts (except justices of the peace and municipal courts serving a population below 10,000)  must be attorneys, this would presumably prohibit them from serving as a judge during the duration of the suspension.

HCR 75 is currently pending before the House Constitution Committee and has been cross-referred to the House Judiciary B Committee.

]]> http://gaveltogavel.us/site/2012/02/24/another-day-another-legislative-plan-to-prosecute-judges-for-their-decisions-this-time-in-mississippi/feed/ 0 Bans on court use of sharia/international law: Introduced in Mississippi and Kentucky, advancing in Florida & South Dakota, dying in Virginia http://gaveltogavel.us/site/2012/02/13/bans-on-court-use-of-shariainternational-law-introduced-in-mississippi-and-kentucky-advancing-in-florida-south-dakota-dying-in-virginia/ http://gaveltogavel.us/site/2012/02/13/bans-on-court-use-of-shariainternational-law-introduced-in-mississippi-and-kentucky-advancing-in-florida-south-dakota-dying-in-virginia/#comments Mon, 13 Feb 2012 17:08:14 +0000 Bill Raftery http://gaveltogavel.us/site/?p=4126 This post has been updated. Click here.

The two weeks since my last update in this area have been particularly busy. Of note:

  • Mississippi’s introduction of HB 2 and Kentucky’s HB 386 brings to 22 (versus 24 states in 2011) the number of states to have a bill banning the use of international law/sharia by state courts in 2012
  • South Dakota has heavily modified their bills and achieved committee approval with a single sentence statute: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.”
  • Virginia’s bans, while initially appearing to be advancing, were deferred into the 2013 legislative session.

Full roster of 36 bills introduced and their statuses after the jump.

Bill Provisions Status
Alaska HB 88 Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution. Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Carried over from 2011 session.
Alabama SB 33 (Constitutional Amendment) Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Committee on Judiciary.
Alabama SB 40 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Judiciary Committee.
Alabama SB 84 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” In Senate Committee on Judiciary.
Florida HB 1209 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by House Judiciary Committee, Civil Justice Subcommittee 1/31/12.
Florida SB 1360 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.” Approved by Senate Judiciary Committee 1/25/12.
Georgia HB 45 Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” In House Committee on Judiciary. Carried over from 2011 session.
Georgia HB 242 Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” In House Committee on Judiciary Non-Civil. Carried over from 2011 session.
Georgia SB 51 Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States In Senate Committee on the Judiciary. Carried over from 2011 session.
Indiana HB 1166 Provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the United States Constitution or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement: (1) that provides for the choice of foreign laws in its interpretation; or (2) that provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or privilege guaranteed by the United States Constitution or the Constitution of the State of Indiana is void and unenforceable. Prohibits a court from granting certain motions if the transfer is likely to affect the constitutional rights of the nonmoving party. Provides that a court may not require or authorize any court to: (1) adjudicate or prohibit a religious organization from adjudicating ecclesiastical matters; or (2) determine or interpret the doctrine of a religious organization. In House Committee on Judiciary.
Indiana SB 36 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement calling for the application of foreign law is not enforceable and is void if the provision cannot be modified, unless the contract explicitly states that it will be enforced in accordance with foreign law. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary.
Indiana SB 90 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement between natural persons calling for the application of foreign law is not enforceable and is void if the provision cannot be modified. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. In Senate Committee on Judiciary.
Iowa HB 489 Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.” In House Judiciary Committee. Carried over from 2011 session.
Iowa HB 575 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” In House State Government Committee. Carried over from 2011 session.
Iowa HJR 14 (Constitutional Amendment) Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.” In House Judiciary Committee. Carried over from 2011 session.
Kansas HB 2087 Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Approved by full House 3/30/11. In Senate Committee on Judiciary. Carried over from 2011 session.
Kentucky HB 386 Establishes legislative intent that the rights of an individual afforded under the Constitutions of the Commonwealth and the United States take precedence over the application of any foreign law in any judicial or quasi-judicial proceeding. Strictly construe waivers of constitutional rights Provides exceptions for corporate entities Prohibits choice of venue outside of the Commonwealth or United States to preserve the constitutional rights of the person against whom enforcement is sought. In House (no committee).
Michigan HB 4769 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In House Committee on Judiciary.
Michigan SB 701 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In Senate Committee on Government Operations.
Mississippi HB 2 Provides “”Foreign law” means any law, rule, or legal code or system
established and used or applied in a jurisdiction outside of the states
or territories of the United States…A court, arbitrator,
administrative agency, or other adjudicative, mediation, or enforcement
authority shall not enforce a foreign law if doing so would violate a
right guaranteed by the Constitution of this state or of the United
States.”		 In House Judiciary A Committee.
Missouri HB 1512 Provides court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state. In House (no committee).
Missouri SB 676 Mandates that any court, arbitration, tribunal, or administrative agency ruling shall be unenforceable if based on a foreign law that does not grant the parties the same rights as the parties have under the United States and Missouri constitutions. In Senate (no committee).
Nebraska LB 647 Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska. In Senate Judiciary Committee. Carried over from 2011 session.
New Hampshire HB 1422 Declares that no New Hampshire court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individual’s or corporation’s rights under the New Hampshire constitution or the United States Constitution. In House Committee on Judiciary.
New Jersey AB 919 Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America. In Assembly Judiciary Committee.
New Mexico SJR 14 (Constitutional Amendment) Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.” In Senate Rules Committee.
North Carolina HB 640 Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.” In House Committee on Judiciary Subcommittee C. Carried over from 2011 session.
Oklahoma HB 1552 Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions. Approved by full House 3/17/11. In Senate Rules Committee. Carried over from 2011 session.
Pennsylvania HB 2029 Provides a tribunal shall not consider a foreign legal code or system which does not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States Constitution and the Constitution of Pennsylvania. In House Judiciary Committee. Carried over from 2011 session.
South Carolina HB 3490 Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In House Judiciary Committee. Carried over from 2011 session.
South Carolina SB 444 Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” In Senate Judiciary Committee. Carried over from 2011 session.
South Dakota HB 1253 “”No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” Approved by House Judiciary Committee 2/10/12.
South Dakota SB 136 ORIGINAL: Provides any ruling or decision that makes use of international or foreign law is void and unenforceable if the court bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and South Dakota, including due process of law, freedom of religion, speech, or press, and any right of privacy or marriage as specifically provided by the constitution of this state. Foreign law, legal code, or system is any foreign law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Specifies the term foreign law does not include any tribal laws of the Native American tribes in the state. AS AMENDED: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.” Approved as amended by Senate Judiciary Committee 2/10/12.
Virginia HB 631 Provides that court decisions and contracts and other agreements will be void as violative of the public policy of the Commonwealth where such decisions or contracts are based on foreign law, i.e., law applied in a jurisdiction outside of the United States, where the application of such foreign law would violate a person’s rights guaranteed by the United States Constitution or the Constitution of Virginia. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
Virginia HB 825 Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law. Approved by House Committee for Courts of Justice 2/3/12. Continued to 2013 by House Committee for Courts of Justice 2/10/12.
West Virginia HB 3220 Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.” In House Judiciary Committee. Carried over from 2011 session.
]]> http://gaveltogavel.us/site/2012/02/13/bans-on-court-use-of-shariainternational-law-introduced-in-mississippi-and-kentucky-advancing-in-florida-south-dakota-dying-in-virginia/feed/ 11 Bans on court use of sharia/international law: Pennsylvania bill introduced http://gaveltogavel.us/site/2011/11/28/bans-on-court-use-of-shariainternational-law-pennsylvania-bill-introduced/ http://gaveltogavel.us/site/2011/11/28/bans-on-court-use-of-shariainternational-law-pennsylvania-bill-introduced/#comments Mon, 28 Nov 2011 15:57:08 +0000 Bill Raftery http://gaveltogavel.us/site/?p=3588 Welcome New York Times readers!

Welcome Post-Gazette readers!

Since the last update of this list in October, one piece of legislation has been introduced.  Pennsylvania’s HB 2029 bans court references to any “foreign legal code or system” if doing so would impair constitutional rights.

Full roster of 2010 bills are available. 2011 and 2012 bills after the jump.

2012

Bill Provisions Status
Alabama SB 33 (Constitutional Amendment) Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Prefiled. In House Committee on Judiciary.

2011

Bill Provisions Status Carryover in 2012?
Alabama HB 597 (Constitutional Amendment) Provides “the courts…when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Alabama of 1901, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Code of Alabama 1975, and rules promulgated thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.” Died in House Committee on Judiciary when legislature adjourned. No
Alabama HB 607 (Constitutional Amendment) Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Died in House Committee on Judiciary when legislature adjourned. No
Alabama SB 61 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Approved by Senate Committee on Judiciary 3/24/11. Died on Senate floor when legislature adjourned. No
Alabama SB 62 (Constitutional Amendment) Provides Alabama courts “when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Alabama of 1901, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Code of Alabama 1975, and rules promulgated thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.” Approved by Senate Committee on Judiciary 3/24/11. Died on Senate floor when legislature adjourned. No
Alaska HB 88 Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution. Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Died in House Finance Committee when legislature adjourned.
 Probably
Arizona HB 2064 Defines “foreign law” as “any law, rule or legal code or system other than the constitution, laws and ratified treaties of the united states and the territories of the united states, or the constitution and laws of this state….a court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the united states or conflict with the laws of the united states or of this state.” Signed into law by governor 4/12/11. No
Arizona HB 2582 Enacts the “Arizona Foreign Decisions Act” Declares the acceptance of Arizona into the Union was a “compact”. Declares “Congress has no authority to preempt state regulation of state courts.” Prohibits courts from implementing, referring or incorporating or using “a tenet of any body of religious sectarian law” and specifically includes sharia law, canon law, halacha and karma, but exempts decisions based on Anglo-American legal tradition, laws or case law from Great Britain prior enactment of the statute, or the definition of marriage as between one man and one woman, “and the principles on which the United States was founded.” Prohibits use of any case law or statute from a non-U.S. jurisdiction or “foreign body”, including the United Nations. Decisions that make use of a body of religious sectarian law or foreign law declared void and usages declared to be grounds for impeachment. Declares these provisions apply to Federal courts sitting in diversity jurisdiction. Requires any court that construes this statute must do so in a way to confine the power of Congress and the federal judiciary. Approved by House Judiciary Committee 2/17/11. Died in House Rules Committee when legislature adjourned. No
Arizona HCR 2033 (Constitutional Amendment) Provides state’s courts shall not consider, enforce or otherwise incorporate into any decision on the merits the legal precepts of other nations or cultures that run counter to the laws of this state unless expressly ratified by bicameralism and presentment in the state legislature or duly ratified as a treaty by the Senate of the United States. Provides state courts shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of this state, The United States Code, federal regulations adopted pursuant to the United States code, established common law, the laws of this state and rules adopted pursuant to the laws of this state and, if necessary, the laws of another state of the United States provided the law of the other state does not incorporate directly or by reference international law or the precepts of nations or cultures. Died in House when legislature adjourned. No
Arizona SCR 1010 (Constitutional Amendment) Requires courts, when making judicial decisions, to uphold and adhere to the laws of the U.S. Constitution, Arizona Constitution, U.S. Code, Federal regulations, established common law, Arizona laws and rules and if necessary, the laws of another state within the U.S. provided the laws in the other state do not include international law. Prohibits Arizona courts from considering international law or legal precepts of other nations or cultures when making judicial decisions. Died in Senate Committee on Judiciary when legislature adjourned. No
Arkansas SJR 10 (Constitutional Amendment) (Placeholder bill) Declares “The purpose of this Senate Joint Resolution is to amend the Arkansas Constitution concerning the application of foreign laws, legal codes, or systems for the purpose of protecting rights and privileges granted under the United States Constitution and the Arkansas Constitution.” Died in Senate Committee on State Agencies and Governmental Affairs when legislature adjourned. No
Arkansas SB 97 Prohibits any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Arkansas Constitution Died in Senate Committee on Judiciary when legislature adjourned. No
Florida HB 1273 Defines term “foreign law, legal code, or system”; specifies public policy of this state in applying choice of foreign law, legal code, or system. Declares that certain decisions rendered under such laws, codes, or systems are void. Indefinitely postponed and withdrawn from consideration 5/7/11. No
Florida SB 1294 Specifies the public policy of this state in applying the choice of a foreign law, legal code, or system under certain circumstances. Declares that certain decisions rendered under such laws, codes, or systems are void. Approved by Senate Judiciary Committee 4/4/11. Indefinitely postponed and withdrawn from consideration 5/7/11. No
Georgia HB 45 Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” Died in House Committee on Judiciary when legislature adjourned. Probably
Georgia HB 242 Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” Died in House Committee on Judiciary Non-Civil when legislature adjourned. Probably
Georgia SB 51 Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States Died in Senate Committee on the Judiciary when legislature adjourned. Probably
Indiana HB 1078 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution. Died in House Committee on Judiciary when legislature adjourned. No
Indiana SB 298 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution. Died in Senate Committee on Judiciary when legislature adjourned. No
Indiana SB 520 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution. Approved by full Senate 2/17/11. Died in House Committee on Judiciary when legislature adjourned. No
Indiana SJR 16 (Constitutional Amendment) Provides a court may not enforce a law, rule, or legal code or system established and either used or applied in a jurisdiction outside the states of the United States, the District of Columbia, or the territories of the United States if doing so would violate a right guaranteed by this constitution or the Constitution of the United States. Died in Senate Committee on Judiciary when legislature adjourned. No
Iowa HB 489 Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.” Died in House Judiciary Committee when legislature adjourned. Probably
Iowa HB 575 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” Died in House State Government Committee when legislature adjourned. Probably
Iowa HJR 14 (Constitutional Amendment) Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.” Died in House Judiciary Committee when legislature adjourned. Probably
Kansas HB 2087 Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Approved by full House 3/30/11. Died in Senate Committee on Judiciary when legislature adjourned. Probably
Maine HB 811 Provides “”foreign law, legal code or system” means any law, legal code or legal system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, that is applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals…The primary factor that a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law must consider in granting comity to a decision rendered under a foreign law, legal code or legal system against a natural person in this State is whether the decision rendered either violated or would violate any right of the natural person in this State guaranteed by the Constitution of Maine or the United States Constitution or any statute or decision under those constitutions.” Rejected by Joint Committee on Judiciary 5/25/11. No
Michigan HB 4769 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In House Committee on Judiciary. Probably
Michigan SB 701 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In Senate Committee on Government Operations. Probably
Mississippi HB 301 Prohibits courts from enforcing a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States. Died in House Judiciary A Committee when legislature adjourned. No
Mississippi HB 525 Provides “”Foreign law” means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” Died in House Judiciary A Committee when legislature adjourned. No
Missouri HB 708 Provides any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and shall be void and unenforceable if such court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of this state and the United States. Approved by full House 4/20/11. Died on House Informal Calendar when legislature adjourned. No
Missouri HB 768 Defines “foreign law” as “any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” Died in House Judiciary Committee when legislature adjourned. No
Missouri HJR 31 (Constitutional Amendment) Provides state courts “when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Missouri, the United States Code, federal regulations promulgated pursuant thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts, including but not limited to cases of first impression.” Died in House Judiciary Committee when legislature adjourned. No
Missouri SB 308 Defines “”foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…Any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions.” Approved by Senate Judiciary and Civil and Criminal Jurisprudence Committee 4/28/11. Died on Senate floor when legislature adjourned. No
Nebraska LB 647 Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska. Died in Senate Judiciary Committee when legislature adjourned. Probably
New Mexico SJR 18 (Constitutional Amendment) Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.” Died in Senate Rules Committee when legislature adjourned. No
New Jersey AB 3496 Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America. Carried over from 2011 session. In House Judiciary Committee. Carried over into 2011 session. No
North Carolina HB 640 Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.” Died in House Committee on Judiciary Subcommittee C when legislature adjourned. Possibly
Oklahoma HB 1552 Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions. Approved by full House 3/17/11. Died in Senate Rules Committee when legislature adjourned. Probably
Pennsylvania HB 2029 Provides a tribunal shall not consider a foreign legal code or system which does not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States Constitution and the Constitution of Pennsylvania. In House Judiciary Committee Yes
South Carolina HB 3490 Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” Died in House Judiciary Committee when legislature adjourned. Probably
South Carolina SB 444 Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” Died in Senate Judiciary Committee when legislature adjourned. Probably
South Dakota HJR 1004 (Constitutional Amendment) Provides no South Dakota state court may apply international law, the law of any foreign nation, or any foreign religious or moral code with the force of law in the adjudication of any case under its jurisdiction. Tabled by Senate Judiciary Committee 2/17/11. No
South Dakota SB 201 Declares “foreign law, legal code, or system, means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…Any court, arbitration, tribunal, or administrative agency ruling or decision is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and the State of South Dakota.” Deferred to 41st legislative day (i.e. killed) by Senate Commerce and Energy Committee 2/16/11. No
Texas HB 274 AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.” Approved as amended by full House 5/10/11. 4/18/11. Removed by Senate State Affairs Committee 5/23/11. No
Texas HB 911 AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.” Approved as amended by House Committee on Judiciary & Civil Jurisprudence 4/18/11. Died in House Calendars Committee when legislature adjourned. No
Texas HB 999 Declares “”foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.” Died in House State Affairs Committee when legislature adjourned. No
Texas HB 1240 Declares “”foreign or international law or doctrine” means a law, rule, legal code, or principle of a jurisdiction outside of the states and territories of the United States, including international law, that is not codified or recognized by this state or the United States…A court, arbitrator, or administrative adjudicator may not base a ruling or decision on a foreign or international law or doctrine; or a prior ruling or decision that was based on a foreign or international law or doctrine.” Approved by House Select Committee on State Sovereignty 5/10/11. Died in House Calendars Committee when legislature adjourned. No
Texas HB 3027 Declares “”foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”. Died in House Committee on Judiciary & Civil Jurisprudence when legislature adjourned. No
Texas HJR 57 (Constitutional Amendment) Provides “A court of this state shall uphold the laws of the Constitution of the United States, this Constitution, federal laws, and laws of this state. A court of this state may not enforce, consider, or apply any religious or cultural law.” Died in House State Affairs Committee when legislature adjourned. No
Texas HB 79A (Special Session) AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.” Approved as amended by full House 6/22/11. Removed by Senate Jurisprudence Committee 6/27/11. No
West Virginia HB 3220 Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.” Died in House Judiciary Committee when legislature adjourned. Possibly
Wyoming HJR 8 (Constitutional Amendment) Prohibits court use of sharia law. Prohibits Wyoming courts from referencing law of other U.S. states if law of the other state does include sharia law. Requires Wyoming courts uphold and adhere to the law as provided in the constitution of the United States, the Wyoming constitution, the United States Code and federal regulations promulgated pursuant thereto, laws of this state, and established common law as specified by legislative enactment. Prohibits courts from considering the legal precepts of other nations or cultures including, without limitation, international law and Sharia law. Died in House Judiciary Committee when legislature adjourned. No
]]> http://gaveltogavel.us/site/2011/11/28/bans-on-court-use-of-shariainternational-law-pennsylvania-bill-introduced/feed/ 5 Why Senate confirmation for state judicial nominees? Why not House? Or joint? http://gaveltogavel.us/site/2011/10/11/why-senate-confirmation-for-state-judicial-nominees-why-not-house-or-joint/ http://gaveltogavel.us/site/2011/10/11/why-senate-confirmation-for-state-judicial-nominees-why-not-house-or-joint/#comments Tue, 11 Oct 2011 19:43:25 +0000 Bill Raftery http://gaveltogavel.us/site/?p=3110 Numerous state legislatures in 2011 that have a version of merit selection (Arizona, Florida, Oklahoma) or have considered adopting merit selection (Mississippi, Pennsylvania, Wisconsin) have put in provisions for Senate confirmation. Additionally, Rhode Island (HB 5675) considered removing the state senate’s existing confirmation power with respect to a trial court (Superior Court) and transferring the power to the house.

But the question arises: why Senate confirmation? There’s the case for reference to the U.S. Senate and its role in federal judicial confirmations. And this was consistent when a) state senators were elected by counties to represent the county as a whole (as in New Jersey) or clusters of counties (as in New York) and b) trial judges (and occasionally appellate judges) were picked by districts made up of clusters of counties.

Thanks to one person/one vote decisions by the U.S. Supreme Court over the years, the practice of Senate districts following county lines is over. The practice of appellate judges being chosen based on geography is also on the decline with only 10 states continuing to use the practice for courts of last resort and 17 of 40 states with intermediate appellate courts using district based selection (although Montana may buck the trend in 2012, Oregon voters rejected the idea 2-1 in 2006).

Moreover, as I noted in March, such proposals have fared much better in state senates than in state houses, and history bears this out. In short, when the power to confirm has been handed solely to the state senate, it has had mixed support in the state’s house. The only way it happens, normally, is when there is a litany of other issues in play.

When does Senate confirmation of appellate nominees come into a constitution?

  • Conventions changing entire constitution: Delaware, Hawaii, and New Jersey
  • Constitutional amendment changing most/entire Judiciary Article: Maryland (1970 attempt) and Utah
  • Constitutional amendment changing judicial selection only: Maryland (1976), New York
  • Constitutional amendment changing most/entire Executive Branch Article: Maine, Vermont

In the case of Maryland (1976) and New York (1977) the amendments to have Senate confirmation met with lower House approval as part of a package of bills related to the courts.

This institutional inertia may explain some 2011 activity. Consider the following:

  • The original Florida House proposal HJR 7111, introduced March 22, 2011 included nothing about Senate confirmation of justices of the planned modified supreme court with civil and criminal panels. The only mention of the Senate was a provision stripping the power of the court(s) to name their chief justice and giving it to the Governor with Senate confirmation. Six days later, SJR 1664 requiring Senate confirmation for the Supreme Court was passed by the Senate Judiciary Committee. On April 5, the Senate Governmental Oversight and Accountability Committee gave its approval of SJR 1664. By April 8, SCR 1046) and Oklahoma Senate (SB 621) did not fare as well. The Arizona bill went nowhere. The Oklahoma bill moved through the Senate and was not even brought up for a House committee hearing.

Roles of legislatures in appellate judicial selection

Both chambers

Connecticut: since the 1818 Constitution. An 1880 amendment (Article XXVI) allowed for the Governor to nominate, but still required confirmation by both chambers. A 1986 amendment added merit selection, permitting the Governor to nominate only from those names submitted by the Judicial Selection Commission.

Rhode Island: since the 1842 Constitution and kept as part of the 1986 constitution. A 1994 amendment added merit selection, permitting the Governor to nominate only from those names submitted by an independent non-partisan judicial nominating commission.

South Carolina: since the 1776 Constitution and kept as a part of the 1778, 1790, 1861, 1865 and 1868 constitutions, plus a 1973 revision to the judiciary article. A 1997 constitutional amendment added merit selection allowing the legislature to elect only from those names submitted by the Judicial Merit Selection Commission.

Virginia: since the 1776 Constitution and kept as part of the 1850, 1861, 1864, 1870, and 1902 constitutions.

Senate only

Delaware: since the 1897 Constitution. The 1776 Constitution specified a joint ballot of both chambers of the general assembly and the “president” (i.e. governor) of the state. The 1792 and 1831 Constitutions placed the power of appointment solely in the hands of the Governor.

Hawaii: since the 1949 Constitution.

Maryland: since a 1976 constitutional amendment. The 1776 Constitution gave appointment to the Governor with the Council “for the time being” and put it solely in the hands of the Governor via an 1837 amendment. Maryland’s 1864 Constitution provided for direct election of the judges of the top court (Court of Appeals), but provided the Governor with Senate confirmation would select the chief judge. The 1867 Constitution made 7 of the 8 chief judges of the state’s judicial circuits the state’s top court and provided the Governor with the confirmation of the Senate would select the chief judge of the Court of Appeals. This practice continued until a 1943 constitutional amendment separated the roles of chief circuit judge from judge of the Court of Appeals but still required direct election. A 1960 amendment reaffirmed direct election, while changing the geographic boundaries.

It should be noted that the Maryland proposal was initially rejected in 1970 (1970 version) and included most courts in the state (judges of the Court of Appeals, intermediate courts of appeal, Circuit Courts, and the Supreme Bench of Baltimore City), increased terms of office to 15 years, and made revisions to the power of the Commission on Judicial Disabilities which had just been created in 1966. The successful 1976 version focused exclusively on merit selection with Senate confirmation for appellate courts only.

New Jersey: since the 1844 Constitution. The 1776 Constitution made the Governor and Council the state’s top court (Court of Appeals). The current 1947 Constitution replicated the Governor-appoints-Senate confirms system of the 1844 Constitution, but with a significant change. Rather than being re-confirmed every 7 years, the justices would face only 2 Senate confirmations: one for their initial appointment and a second after 7 years. If reconfirmed a second time, they would remain in office until age 70.

New York Court of Appeals (state’s court of last resort): sporadically since the 1777 Constitution. Under the 1777 Constitution, a Council on Appointments made up of 4 Senators chosen by the Assembly, plus the Governor (to break ties) was used. The 1821 Constitution changed this to a Governor-appoints-Senate-confirms system. The 1846 Constitution created a bifurcated election system: 4 of the 8 judges would be elected by the statewide, the other 4 would be locally elected judges of the general jurisdiction court (confusingly called the “supreme court”) “having the shortest time to serve.” A new constitution was voted on, section by section, in 1869; the judicial article was the only one approved. That new article provided for statewide election. The 1894 Constitution and 1938 Constitution continued the statewide election system. A 1977 amendment that revamped much of the Judiciary Article created the present merit-selection-Senate-confirmation system.

10/24/11 update: Selection to the state’s primary intermediate appellate court, the Appellate Division, has no role for the legislature. The Governor alone elevates from the judges elected locally in partisan elections to the general jurisdiction court (confusingly called the “Supreme Court”).

Utah: since a 1984 constitutional amendment. The original 1895 constitution provided for statewide election. The 1984 amendment overhauling the entire Judiciary Article provided for the present merit-selection-Senate-confirmation system. A subsequent 1992 amendment increased the time for the Senate to consider nominations.

Vermont: since a 1971 constitutional amendment. The 1793 Constitution provide for joint election by the unicameral House and Executive Council, a practice that was continued when the Council was made the Senate via a 1836 amendment. An 1890 effort to shift this to the Senate alone was rejected by the Senate itself but was incorporated into the 1971 revision of the state’s entire Judiciary Article.

Hybrid

Maine: since a 1975 constitutional amendment (L.D. 25). The 1820 Constitution in place when Maine was separated from Massachusetts and became a state kept the Massachusetts practice of supreme court selection method of governor-appoints-and-executive-council-confirms. The 1975 amendment abolishing the Council created the current procedure for confirmation: the Governor nominates and a Joint House/Senate legislative committee recommends confirmation or rejection. That recommendation is binding unless the Senate overrides with 2/3 vote.

]]> http://gaveltogavel.us/site/2011/10/11/why-senate-confirmation-for-state-judicial-nominees-why-not-house-or-joint/feed/ 1 Bans on court use of sharia/international law: list of all bills since 2010, new 2011 Michigan bill, first 2012 bill prefiled http://gaveltogavel.us/site/2011/10/03/bans-on-court-use-of-shariainternational-law-list-of-all-bills-since-2010-new-2011-michigan-bill-first-2012-bill-prefiled/ http://gaveltogavel.us/site/2011/10/03/bans-on-court-use-of-shariainternational-law-list-of-all-bills-since-2010-new-2011-michigan-bill-first-2012-bill-prefiled/#comments Mon, 03 Oct 2011 15:27:57 +0000 Bill Raftery http://gaveltogavel.us/site/?p=3015 This post has been updated. Click here.

Since the last update of this list in August, two pieces of legislation have been introduced. Michigan’s SB 701 appears to be the Senate version of HB 4769, which has gone nowhere since its June introduction.

The other bill is Alabama SB 33 of 2012, a prefiled bill for the next session. SB 33 of 2012 is a constitutional amendment that looks more like HB 607 / SB 61 than HB 597 / SB 62 in that it does not specifically mention “sharia”.

It should be noted that at least some 2011 bills will make a return in 2012; roughly half of states allow bills to be “carried over” from one session to the next. Definitive answers as to which bills will return will be available as the legislatures come back into session in January.

Full roster of bills going back to 2010 after the jump.

2012

Bill Provisions Status
Alabama SB 33 (Constitutional Amendment) Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Prefiled. In House Committee on Judiciary.

2011

Bill Provisions Status Carryover in 2012?
Alabama HB 597 (Constitutional Amendment) Provides “the courts…when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Alabama of 1901, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Code of Alabama 1975, and rules promulgated thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.” Died in House Committee on Judiciary when legislature adjourned. No
Alabama HB 607 (Constitutional Amendment) Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Died in House Committee on Judiciary when legislature adjourned. No
Alabama SB 61 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.” Approved by Senate Committee on Judiciary 3/24/11. Died on Senate floor when legislature adjourned. No
Alabama SB 62 (Constitutional Amendment) Provides Alabama courts “when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Alabama of 1901, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Code of Alabama 1975, and rules promulgated thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.” Approved by Senate Committee on Judiciary 3/24/11. Died on Senate floor when legislature adjourned. No
Alaska HB 88 Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution. Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Died in House Finance Committee when legislature adjourned.
 Probably
Arizona HB 2064 Defines “foreign law” as “any law, rule or legal code or system other than the constitution, laws and ratified treaties of the united states and the territories of the united states, or the constitution and laws of this state….a court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the united states or conflict with the laws of the united states or of this state.” Signed into law by governor 4/12/11. No
Arizona HB 2582 Enacts the “Arizona Foreign Decisions Act” Declares the acceptance of Arizona into the Union was a “compact”. Declares “Congress has no authority to preempt state regulation of state courts.” Prohibits courts from implementing, referring or incorporating or using “a tenet of any body of religious sectarian law” and specifically includes sharia law, canon law, halacha and karma, but exempts decisions based on Anglo-American legal tradition, laws or case law from Great Britain prior enactment of the statute, or the definition of marriage as between one man and one woman, “and the principles on which the United States was founded.” Prohibits use of any case law or statute from a non-U.S. jurisdiction or “foreign body”, including the United Nations. Decisions that make use of a body of religious sectarian law or foreign law declared void and usages declared to be grounds for impeachment. Declares these provisions apply to Federal courts sitting in diversity jurisdiction. Requires any court that construes this statute must do so in a way to confine the power of Congress and the federal judiciary. Approved by House Judiciary Committee 2/17/11. Died in House Rules Committee when legislature adjourned. No
Arizona HCR 2033 (Constitutional Amendment) Provides state’s courts shall not consider, enforce or otherwise incorporate into any decision on the merits the legal precepts of other nations or cultures that run counter to the laws of this state unless expressly ratified by bicameralism and presentment in the state legislature or duly ratified as a treaty by the Senate of the United States. Provides state courts shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of this state, The United States Code, federal regulations adopted pursuant to the United States code, established common law, the laws of this state and rules adopted pursuant to the laws of this state and, if necessary, the laws of another state of the United States provided the law of the other state does not incorporate directly or by reference international law or the precepts of nations or cultures. Died in House when legislature adjourned. No
Arizona SCR 1010 (Constitutional Amendment) Requires courts, when making judicial decisions, to uphold and adhere to the laws of the U.S. Constitution, Arizona Constitution, U.S. Code, Federal regulations, established common law, Arizona laws and rules and if necessary, the laws of another state within the U.S. provided the laws in the other state do not include international law. Prohibits Arizona courts from considering international law or legal precepts of other nations or cultures when making judicial decisions. Died in Senate Committee on Judiciary when legislature adjourned. No
Arkansas SJR 10 (Constitutional Amendment) (Placeholder bill) Declares “The purpose of this Senate Joint Resolution is to amend the Arkansas Constitution concerning the application of foreign laws, legal codes, or systems for the purpose of protecting rights and privileges granted under the United States Constitution and the Arkansas Constitution.” Died in Senate Committee on State Agencies and Governmental Affairs when legislature adjourned. No
Arkansas SB 97 Prohibits any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Arkansas Constitution Died in Senate Committee on Judiciary when legislature adjourned. No
Florida HB 1273 Defines term “foreign law, legal code, or system”; specifies public policy of this state in applying choice of foreign law, legal code, or system. Declares that certain decisions rendered under such laws, codes, or systems are void. Indefinitely postponed and withdrawn from consideration 5/7/11. No
Florida SB 1294 Specifies the public policy of this state in applying the choice of a foreign law, legal code, or system under certain circumstances. Declares that certain decisions rendered under such laws, codes, or systems are void. Approved by Senate Judiciary Committee 4/4/11. Indefinitely postponed and withdrawn from consideration 5/7/11. No
Georgia HB 45 Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” Died in House Committee on Judiciary when legislature adjourned. Probably
Georgia HB 242 Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” Died in House Committee on Judiciary Non-Civil when legislature adjourned. Probably
Georgia SB 51 Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States Died in Senate Committee on the Judiciary when legislature adjourned. Probably
Indiana HB 1078 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution. Died in House Committee on Judiciary when legislature adjourned. No
Indiana SB 298 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution. Died in Senate Committee on Judiciary when legislature adjourned. No
Indiana SB 520 Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution. Approved by full Senate 2/17/11. Died in House Committee on Judiciary when legislature adjourned. No
Indiana SJR 16 (Constitutional Amendment) Provides a court may not enforce a law, rule, or legal code or system established and either used or applied in a jurisdiction outside the states of the United States, the District of Columbia, or the territories of the United States if doing so would violate a right guaranteed by this constitution or the Constitution of the United States. Died in Senate Committee on Judiciary when legislature adjourned. No
Iowa HB 489 Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.” Died in House Judiciary Committee when legislature adjourned. Probably
Iowa HB 575 Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.” Died in House State Government Committee when legislature adjourned. Probably
Iowa HJR 14 (Constitutional Amendment) Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.” Died in House Judiciary Committee when legislature adjourned. Probably
Kansas HB 2087 Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Approved by full House 3/30/11. Died in Senate Committee on Judiciary when legislature adjourned. Probably
Maine HB 811 Provides “”foreign law, legal code or system” means any law, legal code or legal system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, that is applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals…The primary factor that a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law must consider in granting comity to a decision rendered under a foreign law, legal code or legal system against a natural person in this State is whether the decision rendered either violated or would violate any right of the natural person in this State guaranteed by the Constitution of Maine or the United States Constitution or any statute or decision under those constitutions.” Rejected by Joint Committee on Judiciary 5/25/11. No
Michigan HB 4769 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In House Committee on Judiciary. Probably
Michigan SB 701 Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” In Senate Committee on Government Operations. Probably
Mississippi HB 301 Prohibits courts from enforcing a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States. Died in House Judiciary A Committee when legislature adjourned. No
Mississippi HB 525 Provides “”Foreign law” means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.” Died in House Judiciary A Committee when legislature adjourned. No
Missouri HB 708 Provides any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and shall be void and unenforceable if such court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of this state and the United States. Approved by full House 4/20/11. Died on House Informal Calendar when legislature adjourned. No
Missouri HB 768 Defines “foreign law” as “any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States.” Provides “A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.” Died in House Judiciary Committee when legislature adjourned. No
Missouri HJR 31 (Constitutional Amendment) Provides state courts “when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Missouri, the United States Code, federal regulations promulgated pursuant thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts, including but not limited to cases of first impression.” Died in House Judiciary Committee when legislature adjourned. No
Missouri SB 308 Defines “”foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…Any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions.” Approved by Senate Judiciary and Civil and Criminal Jurisprudence Committee 4/28/11. Died on Senate floor when legislature adjourned. No
Nebraska LB 647 Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska. Died in Senate Judiciary Committee when legislature adjourned. Probably
New Mexico SJR 18 (Constitutional Amendment) Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.” Died in Senate Rules Committee when legislature adjourned. No
New Jersey AB 3496 Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America. Carried over from 2011 session. In House Judiciary Committee. No
North Carolina HB 640 Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.” Died in House Committee on Judiciary Subcommittee C when legislature adjourned. Possibly
Oklahoma HB 1552 Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions. Approved by full House 3/17/11. Died in Senate Rules Committee when legislature adjourned. Probably
South Carolina HB 3490 Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” Died in House Judiciary Committee when legislature adjourned. Probably
South Carolina SB 444 Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.” Died in Senate Judiciary Committee when legislature adjourned. Probably
South Dakota HJR 1004 (Constitutional Amendment) Provides no South Dakota state court may apply international law, the law of any foreign nation, or any foreign religious or moral code with the force of law in the adjudication of any case under its jurisdiction. Tabled by Senate Judiciary Committee 2/17/11. No
South Dakota SB 201 Declares “foreign law, legal code, or system, means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…Any court, arbitration, tribunal, or administrative agency ruling or decision is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and the State of South Dakota.” Deferred to 41st legislative day (i.e. killed) by Senate Commerce and Energy Committee 2/16/11. No
Texas HB 274 AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.” Approved as amended by full House 5/10/11. 4/18/11. Removed by Senate State Affairs Committee 5/23/11. No
Texas HB 911 AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.” Approved as amended by House Committee on Judiciary & Civil Jurisprudence 4/18/11. Died in House Calendars Committee when legislature adjourned. No
Texas HB 999 Declares “”foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.” Died in House State Affairs Committee when legislature adjourned. No
Texas HB 1240 Declares “”foreign or international law or doctrine” means a law, rule, legal code, or principle of a jurisdiction outside of the states and territories of the United States, including international law, that is not codified or recognized by this state or the United States…A court, arbitrator, or administrative adjudicator may not base a ruling or decision on a foreign or international law or doctrine; or a prior ruling or decision that was based on a foreign or international law or doctrine.” Approved by House Select Committee on State Sovereignty 5/10/11. Died in House Calendars Committee when legislature adjourned. No
Texas HB 3027 Declares “”foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”. Died in House Committee on Judiciary & Civil Jurisprudence when legislature adjourned. No
Texas HJR 57 (Constitutional Amendment) Provides “A court of this state shall uphold the laws of the Constitution of the United States, this Constitution, federal laws, and laws of this state. A court of this state may not enforce, consider, or apply any religious or cultural law.” Died in House State Affairs Committee when legislature adjourned. No
Texas HB 79A (Special Session) AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.” Approved as amended by full House 6/22/11. Removed by Senate Jurisprudence Committee 6/27/11. No
West Virginia HB 3220 Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.” Died in House Judiciary Committee when legislature adjourned. Possibly
Wyoming HJR 8 (Constitutional Amendment) Prohibits court use of sharia law. Prohibits Wyoming courts from referencing law of other U.S. states if law of the other state does include sharia law. Requires Wyoming courts uphold and adhere to the law as provided in the constitution of the United States, the Wyoming constitution, the United States Code and federal regulations promulgated pursuant thereto, laws of this state, and established common law as specified by legislative enactment. Prohibits courts from considering the legal precepts of other nations or cultures including, without limitation, international law and Sharia law. Died in House Judiciary Committee when legislature adjourned. No

2010

Bill Provisions Status
Arizona HB 2379 Enacts the “Arizona Foreign Decisions Act” Declares the acceptance of Arizona into the Union was a “compact”. Declares “Congress has no authority to preempt state regulation of state courts.” Prohibits courts from implementing, referring or incorporating or using “a tenet of any body of religious sectarian law” and specifically includes sharia law, canon law, halacha and karma, but exempts decisions based on Anglo-American legal tradition, laws or case law from Great Britain prior enactment of the statute, or the definition of marriage as between one man and one woman, “and the principles on which the United States was founded.” Prohibits use of any case law or statute from a non-U.S. jurisdiction or “foreign body”, including the United Nations. Decisions that make use of a body of religious sectarian law or foreign law declared void and usages declared to be grounds for impeachment. Declares these provisions apply to Federal courts sitting in diversity jurisdiction. Requires any court that construes this statute must do so in a way to confine the power of Congress and the federal judiciary. Died in House Judiciary Committee.
Arizona SB 1026 Enacts the “Arizona Foreign Decisions Act” Declares the acceptance of Arizona into the Union was a “compact”. Declares “Congress has no authority to preempt state regulation of state courts.” Prohibits courts from implementing, referring or incorporating or using “a tenet of any body of religious sectarian law” and specifically includes sharia law, canon law, halacha and karma, but exempts decisions based on Anglo-American legal tradition, laws or case law from Great Britain prior enactment of the statute, or the definition of marriage as between one man and one woman, “and the principles on which the United States was founded.” Prohibits use of any case law or statute from a non-U.S. jurisdiction or “foreign body”, including the United Nations. Decisions that make use of a body of religious sectarian law or foreign law declared void and usages declared to be grounds for impeachment. Declares these provisions apply to Federal courts sitting in diversity jurisdiction. Requires any court that construes this statute must do so in a way to confine the power of Congress and the federal judiciary. Died in House Judiciary Committee.
Florida SB 1962 AMENDED: Directs courts to consider as a “primary factor” the preservation of a person’s constitutional rights, when interpreting, enforcing, or applying any foreign court decision, choice of foreign law contract provision, or choice of foreign venue or forum contract provision that violates any right guaranteed by the Florida Constitution or the U.S. Constitution. Provides that it is the public policy of the state that a court consider as a primary factor in granting comity to a decision rendered under any foreign law, legal code, or system against a natural person in Florida, whether the decision rendered violates or would violate any constitutional right of that person. Requires a court to deny a claim for forum non conveniens if the granting of such claim would likely violate the constitutional rights of the non-claimant. Provides an exception for application of the bill to corporations, partnerships, or other business associations and provides a severability clause. Approved by Senate Commerce Committee 4/7/10. Died in Senate Committee on Judiciary.
Idaho HCR 44 Declares “For any domestic issue, no court should consider or use as precedent any foreign or international law, regulation, or court decision.” Approved by full House 3/4/10. Approved by full Senate 3/26/10. Transmitted to Secretary of State for transmission to Congress, the President, and the other states.
Iowa HB 2313 Prohibits judges from using “judicial precedent, case law, penumbras, or international law as a basis for rulings.” Requires judges use only the U.S. and Iowa Constitutions and the Code of Iowa in making decisions. Permits use of the Federalist papers and other writings of the founding fathers, but only “if such source material is used in full context. Prohibits any court from reviewing the legislation. Deems any violation of the act grounds for impeachment. Died in House Judiciary Committee.
Louisiana HB 785 “Foreign law” means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States. Signed into law by Governor 6/29/10.
Louisiana SB 460 “Foreign law” means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States. Signed into law by Governor 7/2/10.
New Jersey AB 3496 Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America. Died in House Judiciary Committee. Carried over into 2011 session.
Oklahoma HJR 1056 (Constitutional Amendment) Prohibits the courts to “look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider Sharia Law or international law.” Requires courts adhere only to the U.S. & Oklahoma Constitutions, federal and state law and regulations, and where necessary the laws and regulations of another state. Approved by voters in November 2010 election.
South Carolina SB 1387 (Constitutional Amendment) Requires South Carolina Courts uphold and adhere to the law as provided in the United States Constitution, the South Carolina Constitution, the United States Code and federal regulations promulgated pursuant to it, and the South Carolina statutes and rules adopted and regulations promulgated pursuant to it, and in doing so, shall rely only on those sources, and if necessary for the determination of a particular case, the laws, rules, regulations, and cases of another state of the United States, in making judicial decisions. Prohibits courts from looking to the legal precepts of other nations or cultures. Specifically, the courts shall not consider Sharia Law, international law, the constitutions, laws, rules, regulations, and decisions of courts or tribunals of other nations, or conventions or treaties, whether or not the United States is a party. Died in Senate Judiciary Committee.
Tennessee HB 3768 Defines “law, legal code, or legal system” means a law, legal code, or legal system used or applied in any jurisdiction outside of Tennessee, including any foreign state, jurisdiction, country or territory of the United States…Notwithstanding any law to the contrary, and subject to provisions of superseding federal treaties, any otherwise enforceable contract which incorporates any substantive or procedural law, legal code or legal system of another state, foreign jurisdiction or foreign country that would violate rights and privileges granted under the United States or Tennessee Constitution is declared to be against public policy of this state and is unenforceable
in this state.		 Signed into law by Governor 5/27/10.
Tennessee SB 3740 Defines “law, legal code, or legal system” means a law, legal code, or legal system used or applied in any jurisdiction outside of Tennessee, including any foreign state, jurisdiction, country or territory of the United States…Notwithstanding any law to the contrary, and subject to provisions of superseding federal treaties, any otherwise enforceable contract which incorporates any substantive or procedural law, legal code or legal system of another state, foreign jurisdiction or foreign country that would violate rights and privileges granted under the United States or Tennessee Constitution is declared to be against public policy of this state and is unenforceable
in this state.		 Replaced by HB 3768.
Utah HB 296 Requires Utah courts to apply United States and Utah law in cases and controversies before them unless the foreign law sought to be applied would provide protection equal to or stronger than specific elements of United States and Utah law. Approved by House Law Enforcement and Criminal Justice Committee 2/25/10. Died on House floor.
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