Florida: Bill banning sharia law in certain cases passes Senate

creeping
Funny how the Palm Beach Post calls this a bill banning sharia law then goes on for several paragraphs with people whining about how it will negatively affect Jews. via Bill banning Shariah law in Florida family cases passes Senate… | www.palmbeachpost.com.

TALLAHASSEE — 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.

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.

As we noted several times it’s not an outright ban on any foreign law, simply protects the rights of American citizens regardless of their origin or religion.