Why Missouri Should Ban Sharia Law
Missouri lawmakers are currently debating legislation that would ban Sharia law from Missouri courtrooms.
The proposal is simple: foreign law or religious legal codes cannot be enforced in Missouri courts if doing so would violate constitutional rights.
It is a basic principle of American law that courts should apply the U.S. Constitution and Missouri law first.
Critics argue the proposal is unnecessary and could stigmatize religious communities.
Understanding the issue requires stepping back and looking at how foreign law can actually appear in American courts.
When Foreign Law Appears in U.S. Courts
Most cases in American courts are governed entirely by U.S. and state law, but sometimes foreign law comes into play.
Foreign legal systems appear in American court cases in several ways. These include:
- – International business contracts that specify a foreign legal system
- – recognition of foreign court judgments
- – arbitration agreements between private parties
- – family law disputes involving foreign marriages or divorces
In those situations, courts may have to consider foreign legal principles when interpreting agreements or recognizing decisions made in other countries.
Liberty Alliance has previously written about the importance of judicial accountability in Missouri.
Constitutional Rights Come First
Legal doctrines governing the recognition of foreign judgments allow courts to refuse enforcement when a foreign ruling conflicts with basic rights or principles of justice.
For example, the Uniform Child Custody Jurisdiction and Enforcement Act allows courts to reject foreign custody determinations that violate fundamental human rights.
That effect is limited though, and there’s a new movement to clarify state law.
Courts must be accountable to constitutional limits and democratic lawmaking.
Banning foreign and religious law from our courtrooms ensures that the people of Missouri are governed only by the Constitution and laws enacted through the democratic process.
Religious Legal Systems
Sharia law is the religious legal system derived from Islamic sources, and it often dominates debates over foreign law in American courts.
Sharia is not simply a set of personal religious practices. In many countries, it functions as a broader legal framework governing areas such as family law, civil disputes, and criminal justice.
Opponents often conflate support for foreign law bans with anti-Muslim animus.
They’re simply wrong.
No religion is singled out. No religious practices of any believer are affected.
The bills tell Missouri courts that the Constitution has to come first.
The principle is this: American courts should never enforce any legal system, religious or otherwise, if it conflicts with constitutional protections such as due process, equal protection, or religious freedom.
Policy Movement
Missouri lawmakers are now weighing that question.
Earlier this week, the House Special Committee on Intergovernmental Affairs heard HBs 2139 and 2175. That comes on the heels of the Senate Judiciary Committee voting to pass SB 977 and send it to the floor.
Other states have taken action to protect the Constitutional rights of their citizens. Arizona, Kansas, Louisiana, South Dakota, and Tennessee have all enacted limits on the application of foreign law in their courts when it conflicts with constitutional protections.
When foreign legal systems come into contact with American courts, should the Constitution always come first?
The answer is clear.
It’s time for Missouri to ban foreign law from its courtrooms and make sure it does.
Andy Bakker
Executive Director
Liberty Alliance USA