Two bills to ban Sharia law in Georgia courts
Because we can’t let Oklahoma get ahead of us, state lawmakers could soon debate the “American Laws for Georgia Courts Act.” From the Fulton County Daily Report and Law.com:
House Bill 45, introduced by Rep. Mike Jacobs, R-Atlanta, states “it shall be the public policy of this state to protect its citizens from the application of foreign laws when the application … will result in the violation of a right guaranteed by the Constitution of this state or of the United States.” The bill also would prevent arbitrators or tribunals from enforcing a foreign law that didn’t meet constitutional standards.
Jacobs, a lawyer and vice chairman of the House Judiciary Committee, told the Fulton County Daily Report the bill would “ban the use of Sharia law in state courts.” He acknowledged that he was not aware of any instances in Georgia where a plaintiff or defendant asked the court to apply Sharia law but believes it has happened elsewhere.
“We’re seeing more of a feeling that Sharia law should be applied in domestic cases,” he said, such as divorces.
The chairman of the House Judiciary panel, Rep. Wendell Willard, R-Sandy Springs, has signed on as a sponsor but hedged when asked whether he supports the bill.
“I want to see what comes up in hearings,” Willard said, to answer this question: “Does it serve a real purpose or is that standard [that federal and state laws trump foreign laws] already recognized by courts in the state?”M. Khurram Baig, a litigator with Kumar, Prabhu, Patel & Banerjee in Atlanta and a member of the Georgia Association of Muslim Lawyers, said the answer is no: “I don’t know of any instance where foreign law has prevailed in a Georgia court ever. So why is this necessary?”
But Jacob’s isn’t the only bill on the topic. State Sen. Judson Hill, R-Marietta, has a similar measure — SB 51.
- By Jim Galloway, Political Insider
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170 comments Add your comment
Warrior Woman
February 9th, 2011
11:34 am
If this was so unnecessary, you would not have occurances like the NJ court a judge refused to give a wife a protective order after her husband repeatedly beat and raped her, because the judge said he must defer to Islamic law. And according to NPR, US Courts accept the outcomes of sharia tribunals in cases of divorce, arbitration, and similar matters.
BlueDawg
February 9th, 2011
11:44 am
@Warrior Woman: Read more on the NJ case. It was overturned by an appeals court judge. That means, that our system of law worked exactly as it should. Judge A makes a bad decision, Judge B throws it out. Also, US Courts accept the outcomes of arbitrators anytime both parties agree to it. If two Muslims want an Imam to arbitrate a disagreement, the courts will agree to it. If you have a civil issue with a neighbor and you both go to the local Catholic church to have a priest arbitrate it, then it is upheld by the ‘civil’ court. The key is both sides have to agree in writing to arbitration. This is basic contract law all across the United States. Rape, Murder, Honor Killings etc, are all in direct violation of criminal codes and therefore are only tried in criminal courts. If Joe the Muslim kills his daughter because she looked fondly at the Christian boy down the street, he is tried for Murder. I don’t know of any murderers or rapist in the US who have gotten off with a Sharia based defense. Until that happens this law is a waste of time and adds a stupid pointless law to the books.
Confuse
February 9th, 2011
12:09 pm
I guess that the 1st and 14th Amendments to the US Constitution aren’t sufficient protections against the state’s enforcement of religious laws. Thank you Mike Jacobs for being such a strong advocate for Freedom From Religion!
To compare apples with oranges
February 9th, 2011
12:33 pm
If, for example, this law were to pass, and a case happened like the recent New Jersey marital-rape case…would it apply? NOPE
Laws, including what is proposed here, do not dictate what rulings a judge can make.
Sometimes judges make bad rulings, which is why there is an appeals process.
The bill presented in this case won’t prevent judges from making bad calls.
The big thing about this bill, is that it basically says:
“Any law that’s unconstitutional is unconstitutional”
To which I say: “DUH”
The bill being presented says:
“it shall be the…policy of this state to protect its citizens from the application of foreign laws when the application … will result in the violation of a right guaranteed by the Constitution”
How many foreign laws apply in Georgia at the moment? 0
How many foreign laws could potentially be relevant in Georgia? 0
Exercise in Foo-tility
February 9th, 2011
1:12 pm
GA legislators are the scum of the Earth. Fat, drunk and stupid is no way to go through life. Unless you’re in GA; then it’s a campaign platform. Jesus and fear/hate of all things non-white/christian appeal to the masses of mouth-breathers who elect them. No wonder we are last in education and losing more jobs every day.
They treat their responsibilities like it’s a joke.
double
February 9th, 2011
1:22 pm
To me this has been a learning session.For several years I have been hearing one world order,one world government,one world religion etc.Now that I’m enlightened I understand it’s to be the Muslim that accomplishes all this.
My Say
February 9th, 2011
1:26 pm
Ok people… there are actually 13 states currently doing this, not just Georgia! Educate yourselves a bit about whats going on.
Tristan
February 9th, 2011
1:59 pm
How about we ban all religious laws and be done with it? Christian, Muslim, Buddhist, doesn’t matter. Unless it’s a secular law, we toss it out.
David in Atlanta
February 9th, 2011
3:26 pm
I’d like a bill that prevents any and all religious laws from being applied in secular courts. Let the government enforce its rules and let religions enforce theirs. Keep them separate.
TrishaDishaWarEagle
February 9th, 2011
3:29 pm
@GB
“TrishaDishaWarEagle
You had better watch out and hope the AJC doesn’t divulge your email address. Some of the adherents of the great religion of peace will hunt you down and kill you for your blasphemy.”
Bring it on, I have been at war with ISLAM since 9-11-01. The upside to the threat of islam is that it is so constrictive and narrow that it only really appeals to 3rd world losers who have no hope of ever being literate or prosperous because of their failed backwards cultures, and those who are disaffected by modern society. They are usually easy to spot..getting the PC powers that be to take them serious, re: hissan Nadal where the army and the FBI dropped the ball because they were worried about offending muslims, is another thing..thats wh yI own a gun and it is in my purse 24/7 except at the airport.
James
February 9th, 2011
4:02 pm
Nothing wrong with being proactive in a case like this.
Wade
February 9th, 2011
4:24 pm
I think Trisha is posting under several names. There are several posts that use the same terms and I think she just wants to see her words in cyberspace. Either way, it’s a waste of time and effort for the GA legislators to bring up a bill that is not needed.
The Republicans just need to show how “American” they are to satisfy their better than though voting base. Thus the only real reason to present this bill is to get votes next time around…”Look! I oppose the Muslim rule! vote for me! I score big with the Christian (misnomer) coallition.”
BlueDawg
February 9th, 2011
4:34 pm
James@4:02 Basically the new law states that a foreign law that violates the Constitution is illegal (which is already the case)…the legislature is wasting precious time and tax payers expenses passing this drivel rather than dealing with the mountain of problems facing the state. Maybe after that they can pass a law that says that the time From sun set to sun rise is called night. Just in case some wacky Euros decide in a few years that night is really day.
Halftrack
February 9th, 2011
4:35 pm
Jim; Judges are activist and will legislate from the bench. Many Citizens don’t know or care about the extreme Muslims want to bring the USA down from within by encroachment on our laws. Sharia Law supporters are like termites. They work ever so silently until your structure will fall.
NotDrinkingKoolAid
February 9th, 2011
4:42 pm
From Wiki:
“The reintroduction of Sharia is a longstanding goal for Islamist movements in Muslim countries. Some Muslim minorities in Asia (e.g. in India) have maintained institutional recognition of Sharia to adjudicate their personal and community affairs.
In western countries, where Muslim immigration is more recent, Muslim minorities have introduced Sharia family law, for use in their own disputes, with varying degrees of success (e.g. Britain’s Muslim Arbitration Tribunal). Attempts to impose Sharia have been accompanied by controversy,[2][3][4][5] violence,[6][7][8][9][10][11] and even warfare (cf. Second Sudanese Civil War).[12][13][14][15]“
TrishaDishaWarEagle
February 9th, 2011
7:11 pm
@wade, nice try..I only have the one screen name. It’s not a game, It’s venting opionion.
Erik
February 9th, 2011
8:21 pm
Way to write a bill in search of a problem Mike. Kudos on hitting up the important issues your constituents elected you to tackle.
Regent
February 10th, 2011
1:45 am
Georgia and the USA need Shariah Law. It is the most American Law there could be – as opposed to Christian (which IS foreign) or Jewish (again a FOREIGN law). Shariah Law is the law of God, The Law of Truth, The Law of Conscience – unlike Judaic Christian Laws which are Roman (FOREIGN) Pagan in origin and highly primitive and contradictory by comparison. Shariah Law is the birthright of every single human being in this country – it establishes security and peace – it opposes oppression and darkness. God Bless America (with Shariah Law)
Commentary buzz – Garysworld USA – Feb 10th - GarysWorld USA
February 10th, 2011
7:50 am
[...] GA: Two bills to ban Sharia law in Georgia courts [...]
Stinking Badges
February 10th, 2011
12:37 pm
Republicans are idiots.