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South Dakota Considering Ban on Courts Using “Foreign Religious or Moral Code”

4 February 2011 General No Comment Email This Post Email This Post


In states like Wyoming and South Carolina, numerous state legislators are proposing measures to limit the application of “international” or “religious” laws in the court. An amendment that “forbids courts from considering or using international law” and “Sharia Law” passed easily in 2010, only to be blocked by a federal judge.

Now, it appears South Dakota is jumping on the bandwagon. The Republican-dominated State Legislature is considering House Joint Resolution 1004, which similar to the South Carolina resolution, uses broad language and does not explicitly mention Sharia law:

The judicial power of the state is vested in a unified judicial system consisting of a Supreme Court, circuit courts of general jurisdiction and courts of limited original jurisdiction as established by the Legislature. No such 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.

Twenty-eight members of the State House already signed on as cosponsors, along with five members of the State Senate.

Original post: South Dakota Considering Ban on Courts Using “Foreign Religious or Moral Code”

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