Florida lawmakers are poised to pass a controversial law banning
courts from using foreign law, after a split Senate committee signed off
on the measure.
The bill (SB 58) would ban courts or other
administrative authorities form using religious or foreign law in
deciding matters related to family law, including divorce and child
custody. The House approved a similar measure last year but it died on
the Senate floor.
The Senate Children, Families and Elder Affairs
Committee approved the bill by a 5-4 vote, with one Republican voting
against it and one Democrat voting in favor, surprising opponents of the
bill, who expected it to fail.
Critics, including the Florida
Bar, the Anti-Defamation League, the ACLU of Florida and the National
Council of Jewish Women, contend the bill would have a negative impact
on Jewish divorces, called “gets,” and could trouble the state’s
relationship with Israel. Under Jewish law, only a man can grant a
divorce to a woman.
That violates Florida and federal
constitutional protections, David Barkey, religious freedom counsel for
the Florida Anti-Defamation League told the panel. And it would bar
courts from recognizing any divorce settlements granted under Israeli or
Jewish law, he said.
“This legislation … could undermine
Florida’s strong reputation and track record as a center for trade with
Israel and other nations” and “serve as an incentive for them to take
their business elsewhere,” Barkey said.
And the bill could have a
chilling effect on Israeli nationals and dual citizens already living
in Florida, NCJW Vice President of Advocacy Linda Geller Schwartz, who
lives in Boca Raton, said.
“The message being given to the Jewish population and other minorities is a very unwelcoming one,” she said.
Sen.
Alan Hays, R-Umatilla, the bill’s sponsor, drew fire from Islamic
groups two weeks ago when he likened Shariah law to a “dreadful disease”
requiring inoculation to protect Americans.
House sponsor Larry
Metz, R-Yalaha, told the panel the bill (SB 58, HB 351) is a safeguard
against having “offensive law invading our legal system.”
A
federal court struck down an Oklahoma amendment banning courts from
relying on Shariah law. Unlike the Oklahoma law, the Florida proposal
does not mention Shariah law. A similar law went into effect in Kansas
last year.
The bill would ban courts from basing a decision
regarding family law cases on a foreign law that does not grant the
parties the same constitutional rights and privileges guaranteed by the
state or federal constitution. And it would ban courts from enforcing
decisions, such as alimony or child custody, granted in foreign courts
that are not the same as state law.
The measure does not apply to
ecclesiastical matters or corporations, something Hays said is meant to
protect churches and religious institutions.
http://www.palmbeachpost.com/news/news/state-regional-govt-politics/bill-banning-sharia-law-in-florida-family-cases-pa/nXGXF/
Wednesday 10 April 2013
Bill banning Shariah law in Florida family cases passes Senate panel
Posted @ 04:39
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