FOX News
Kansas Gov. Sam Brownback has signed a law aimed at keeping the
state's courts or government agencies from basing decisions on Islamic
or other foreign legal codes, and a national Muslim group's spokesman
said Friday that a court challenge is likely.
The new law, taking effect July 1, doesn't specifically mention
Shariah law, which broadly refers to codes within the Islamic legal
system. Instead, it says courts, administrative agencies or state
tribunals can't base rulings on any foreign law or legal system that
would not grant the parties the same rights guaranteed by state and U.S.
constitutions.
"This bill should provide protection for Kansas citizens from the
application of foreign laws," said Stephen Gele, spokesman for the
American Public Policy Alliance, a Michigan group promoting model
legislation similar to the new Kansas law. "The bill does not read, in
any way, to be discriminatory against any religion."
But supporters have worried specifically about Shariah law being
applied in Kansas court cases, and the alliance says on its website that
it wants to protect Americans' freedoms from "infiltration" by foreign
laws and legal doctrines, "especially Islamic Shariah Law."
Brownback's office notified the state Senate of his decision Friday,
but he actually signed the measure Monday. The governor's spokeswoman,
Sherriene Jones-Sontag, said in a statement that the bill "makes it
clear that Kansas courts will rely exclusively on the laws of our state
and our nation when deciding cases and will not consider the laws of
foreign jurisdictions."
Muslim groups had urged Brownback to veto the measure, arguing that
it promotes discrimination. Ibrahim Hooper, a spokesman for the
Washington-based Council on American-Islamic Relations, said a court
challenge is likely because supporters of the measure frequently
expressed concern about Shariah law.
Hooper said of Brownback, "If he claims it has nothing to do with
Shariah or Islamic law or Muslims, then he wasn't paying attention."
Both the Washington-based council and the National Conference of
State Legislatures say such proposals have been considered in 20 states,
including Kansas. Gele said laws similar to Kansas' new statute have
been enacted in Arizona, Louisiana and Tennessee.
Oklahoma voters approved a ballot initiative in 2010 that
specifically mentioned Shariah law, but both a federal judge and a
federal appeals court blocked it.
There are no known cases in which a Kansas judge has based a ruling
on Islamic law. However, supporters of the bill have cited a pending
case in Sedgwick County in which a man seeking to divorce his wife has
asked for property to be divided under a marriage contract in line with
Shariah law.
Supporters argue the measure simply ensures that legal decisions will
protect long-cherished liberties, such as freedom of speech and
religion and the right to equal treatment under the law. Gele said the
measure would come into play if someone wanted to enforce a libel
judgment against an American from a foreign nation without the same free
speech protections.
"It is perfectly constitutional," he said.
The House approved the bill unanimously and the Senate, with broad,
bipartisan support. Even some legislators who were skeptical of it
believed it was broad and bland enough that it didn't represent a
specific political attack on Muslims.
"This disturbing recent trend of activist judges relying upon the
laws of other nations has been rejected by overwhelming bipartisan
majorities in both the Kansas House and Senate," Jones-Sontag said.
The measure's chief sponsor, Rep. Peggy Mast, an Emporia Republican,
also has said all Kansans, including Muslims, should be comfortable with
the new law, but she did not immediately respond Friday to telephone
and email messages seeking comment.
Rep. Scott Schwab, an Olathe Republican, acknowledged that the
measure merely "made some people happy" and that a vote against it could
be cast politically as a vote in favor of Shariah law.
"Am I really concerned that Shariah law is going to take over the
Kansas courts? No," he said. "I'm more concerned about getting jobs to
Kansas."
The Michigan-based alliance advocates model "American Law for
American Courts" legislation. Its website says, "America has unique
values of liberty which do not exist in foreign legal systems,
particularly Shariah Law."
During the Kansas Senate's debate on the bill earlier this month,
Sen. Susan Wagle, a Wichita Republican described a vote for the measure
as a vote for women's rights, adding, "They stone women to death in
countries that have Shariah law."
Hooper said supporters of such proposals have made it clear they are targeting Islamic law.
"Underlying all of this is demonizing Islam and marginalizing American Muslims," he said.
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