Georgia’s effort to ban state court use of international law copies Alabama’s provision denying full faith and credit to other state courts

I mentioned previously Alabama voters in November 2014 will be voting on a constitutional amendment to ban their state courts from using  international/foreign law.  A key provision in the Alabama amendment (SB 4 of 2013) also denies full faith and credit to judicial acts from other states if that state court used international/foreign law.

(a)(7) The public policy of this state is to protect its citizens from the application of foreign laws when the application of a foreign law will result in the violation of a right guaranteed by the Alabama Constitution or of the United States Constitution, including, but not limited to, due process, freedom of religion, speech, assembly, or press, or any right of privacy or marriage.

(a)(8) Article IV, Section 1, of the United States Constitution provides that full faith and credit shall be given by each state to the public acts, records, and judicial proceedings of other states. Provided, however, when any such public acts, records, and judicial proceedings of another state violate the public policy of the State of Alabama, the State of Alabama is not and shall not be required to give full faith and credit thereto.

(i) Where the public acts, records, or judicial proceedings of another state violate the public policy of the State of Alabama, the State of Alabama shall not give full faith and credit thereto.

Georgia’s latest effort SR 808 of 2014 effectively copies several portions of Alabama SB 4 of 2013, including the refusal to give full faith and credit.

Notwithstanding Article IV, Section I of the United States Constitution, where the public acts, records, or judicial proceedings of another state violate the public policy of the State of Georgia, the State of Georgia shall not give full faith and credit thereto.

Shall the Constitution of Georgia be amended so as to prohibit the application of foreign law in violation of rights guaranteed natural citizens by the United States and Georgia Constitutions and to prohibit the application of laws enacted by other states in the United States that violate the public policy of the State of Georgia?

SR 808 is currently pending the Senate Judiciary Committee.

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