South North Carolina’s legislature swung into late night action to propose legislation (yet again, sigh) aimed at getting a handle on those lady parts – and to guard against the imagined but dangerous onslaught of Sharia law – and they did it all in one tidy bill.
Senate tacks sweeping abortion legislation onto Sharia law bill
Raleigh, N.C. — Senators on Tuesday tacked a suite of new restrictions and regulations pertaining to abortion clinics onto a bill dealing with the application of foreign laws in North Carolina family courts.
As described here, there is a long tradition of U.S. law incorporating religious law into our system.
Duncan has proposed a state constitutional amendment that would bar U.S. judges from considering Shariah or any foreign law. But that might be problematic: U.S. courts already recognize and enforce Shariah law in everything from commercial contracts to divorce settlements, wills and estates.
What’s In Place
Marc Stern, a religion law expert at the American Jewish Committee, says that’s no different from how religious laws and customs are already applied.
He says when there’s a conflict, U.S. law always wins. For example, when Orthodox Jews have asked judges to enforce their laws on divorce, the courts have refused to do it; they won’t be involved in interpreting religion. In the same way, the government won’t enforce Kosher food standards because it would violate the separation of church and state.
Of course, once in a while, a judge with limited knowledge of the law as it is (they’re out there) rules otherwise – and certain legislators and media stars get the vapors. For a while. The follow up – rarely inspiring the alarm – is that such rulings are always overturned in appellate courts.