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Anti-Shariah bill returns to the Capitol

25 March 2014 General No Comment Email This Post Email This Post


James L. Rosica (@jlrosicaTBO) in Tallahassee

It’s back.

Lawmakers this year will again review a proposal to ban state judges from considering Shariah law and other foreign legal codes in their decisions.

And again, there’s no evidence that judges are using foreign law against Floridians.

The Senate bill (SB 386) will be heard by the Judiciary committee on Tuesday.

A companion measure (HB 903) was approved by the Civil Justice subcommittee 7-4 last week.

Neither bill mentions the word “Shariah,” referring to Islamic law.

A similar proposal was passed by the House last year and died in the Senate.

It would expressly prohibit the use of foreign law in certain domestic situations, such as divorces and child custody cases, when it would violate a party’s constitutional rights.

But, as constitutional law professor Caroline Mala Corbin explained, courts already can’t apply any foreign or domestic law that is unconstitutional.

“Unconstitutional laws are by definition unenforceable,” Corbin, of the University of Miami’s law school, told the AP last year.

Gov. Rick Scott supported the bill when it passed the House last year.

Original post: Anti-Shariah bill returns to the Capitol

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