@NCCapitol

@NCCapitol

Sharia law ban headed to McCrory

Posted July 24, 2013
Updated July 25, 2013

State lawmakers have given final approval to ban courts from recognizing "foreign law" in family court matters.

The House originally approved the bill in May, but it was turned into an abortion bill by Senate leaders. So, a new version had to be produced, said sponsor Rep. Chris Whitmire, R-Transylvania. 

It prohibits courts from recognizing "foreign law" if it infringes on U.S. or state constitutional rights. The bill doesn't use the term "sharia" because a federal appeals court ruled in 2012 that a sharia law ban passed in Oklahoma was unconstitutional and discriminatory against Islam.

Whitmire said the "foreign law'" language in his proposal has been enacted without court challenge in five other states.

"It protects constitutional rights, especially of women and minorities," he said. "There are times to where the judiciary is forced to legislate from the bench."

Opponents point out that the Constitution already prevents such infringements by foreign law. 

Rep. Rick Glazier, D-Cumberland, called the measure "a ban in search of a problem."

He also warned that  the "foreign law" language could cause problems for cases involving marriage, divorce or pre-nuptial agreements in other countries or cultures. For example, he said it would also disallow legal recognition of divorce arbitration panels used in the orthodox Jewish community.  

"This isn’t a 'sharia law' ban as such, though the intent is clearly that's what it’s supposed to be," he said. 

The House voted 75-37 Wednesday night to support the measure. The Senate approved it last Friday by a vote of 31-2, despite skepticism voiced by Democrats and even some Republicans. 

It now goes to Gov. Pat McCrory for his signature or veto.

18 Comments

This blogpost is closed for comments.

Oldest First
View all
  • Bill Brasky Jul 26, 9:28 p.m.

    "The whole rest of the world is laughing at the USA. A nation of lazy sheep led by the phoniest of leaders from the very top down."

    What countries are laughing at us?

  • lobgill7 Jul 26, 3:23 p.m.

    "No wonder the rest of the country is laughing at us. We deserve it."

    The whole rest of the world is laughing at the USA. A nation of lazy sheep led by the phoniest of leaders from the very top down.

  • bowens44 Jul 25, 3:42 p.m.

    "Even if you aren't personally affected by Sharia Law you should support this legislation."

    Nonsense

  • bowens44 Jul 25, 3:40 p.m.

    Wow. This is one of the most ridiculous pieces of legislation in the history of the state. No wonder the rest of the country is laughing at us. We deserve it.

  • OmegaBaby Jul 25, 2:18 p.m.

    @Lone Voice in the Wilderness - What gets me about the whole "our laws are based on the 10 Commandments" is that it's so clearly obvious that they're not.

    At most, you could claim 3 of them (murder, stealing, and perjury) have equivalents in our laws. And even those are obvious universally accepted rules that almost all societies have come up with on their own. The other 7 (no other gods, taking name of lord in vain, sabbath laws, honoring parents, adultery, coveting stuff) are not even against the law.

    It's almost as if these people haven't even read their Bibles, and instead just parrot whatever the preachy guy in the front of church says to them, assuming that person must be 100% accurate in all things.

  • grimreaper Jul 25, 1:41 p.m.

    The gist of this is to prevent using foreign law as any basis for establishing precedent...I support this because judges are currently out of control trying to create law from the bench...there is a place for that inherent in the system...but it should never be based on any foreign law...

  • Da Toy Maker Jul 25, 1:14 p.m.

    "It protects constitutional rights, especially of women and minorities," he said.

    Any minority or woman group asking for this new law?? Just wondering out loud.

  • Wood Chipper Jul 25, 1:06 p.m.

    Even if you aren't personally affected by Sharia Law you should support this legislation. This legislation is for family court. Without this legislation, and given time, muslims would soon be demanding the same authority in property disputes. If Sharia Law were allowed in property disputes the floodgates open to all sorts of problems. This is a nation of laws... OUR laws... not the laws of distant 3rd world countries.

  • Gidder Dun Jul 25, 1:00 p.m.

    "This bill shows the INTELLIGENCE of our legislature in stopping these Muslim extremists from trying to dominate our culture..."

    You mean like the very same Judao-Christian extremists pushing their form of religion into law. LOL!!! Pot meet kettle.

  • ripetomatoes Jul 25, 12:59 p.m.

    Folks need to come to the US and abide by our laws and our Judao-Christian culture. Tax Man

    Please reread the 1st amendment to the Constitution, especially the part about freedom of religion.

    When you finish that assignment, grab a dictionary and look up the word bigot.

More...