Alaska seeks to bar foreign law from courts

More than a dozen states now seeking protection from foreign law. via JuneauEmpire.com, State seeks to bar foreign law from courts


JUNEAU — An Alaskan lawmaker hopes to guard against Islamic Sharia law by prohibiting state courts from honoring foreign law that violates Alaskan or U.S. constitutional rights.

Though the bill’s language does not specifically target Sharia, Rep. Carl Gatto, R-Palmer, said the legislation is a reaction to what he sees as the growing use of international law codes in courts that have robbed people of their constitutional rights.

In a hearing before the House State Affairs Committee, Gatto’s chief of staff Karen Sawyer said Sharia is an example of the type of transnational law that has appeared in family law, divorce and child custody cases nationally, though she knows of instances of it appearing in Alaska courts.

“Sharia is clearly offensive to the U.S. Constitution,” Sawyer said. “It is the foremost foreign law that is impacting our legal system.”

Sawyer added that countries following Sharia law do not allow freedom of religion or equal rights to women.

Gatto called the law a preventative measure necessitated by the religious beliefs of recent immigrants.

“As a kid, we had Italian neighborhoods, Irish neighborhoods … but they didn’t impose their own laws,” Gatto said. “When these neighborhoods are occupied by people from the Middle East, they do establish their own laws.”

Sharia law is a set of Islamic principles and religious interpretations that have been adopted into the laws of certain countries, mostly in the Middle East.

The Alaska proposal is based on the American Laws for American Courts act, which has been proposed in several states and versions of which have been enacted in Tennessee and Louisiana, said David Yerushalmi, an Arizona-based attorney who supports the legislation.

In testimony before the committee, Yerushalmi said the law would protect people who are forced to litigate in any country with laws counter to U.S. constitutional protections, not just countries practicing Sharia law.

“Today, we are far more likely than ever before to have foreign laws in American courts,” said Yerushalmi. “There are plenty of occasions in which foreign law informs what Alaskan law could be.”

Jeffrey Mittman, executive director of the Alaska chapter of the American Civil Liberties Union, said the bill was an unnecessary overreach, and adequate protections for religious freedom in court already exist.

“It’s a solution in search of a problem that doesn’t exist,” Mittman said.

While Committee chair and bill co-sponsor Bob Lynn, R-Anchorage, said he hoped to move the bill out of committee after its first hearing, concerns from lawmakers on how the bill would affect agreements with Alaska Native tribes or neighboring countries led to the bill being held over for further consideration.


More from Alaskan Pride:

Read the full text of HB88 HERE. It is in his sponsor statement that Rep. Gatto mentions “Sharia”. Gatto writes, in part:

One example of an offending transnational law is sharia – authoritative Islamic law that is applied as the law of the land in many countries around the world. Sharia is patently offensive to U.S. and Alaska constitutional law because it criminalizes apostasy (violation of Free Exercise of Religion) and blasphemy against Islam, Mohammed, and sharia itself (violation of Free Speech). Sharia also violates principles of due process and equal protection by discriminating against non-Muslims and women.

Countries that apply sharia as the law of the land include Saudi Arabia, Iran, Sudan, and Somalia. Many Muslim countries apply sharia as the law of the land in specific legal areas such as family law and inheritance. Examples of these countries and political regimes include Pakistan, Afghanistan, Nigeria, parts of Indonesia, Gaza, Jordan, and Yemen. In addition, just about all Muslim countries have a de jure or de facto sharia supremacy clause which effectively does not allow any “secular” law to violate sharia’s fundamental principles of Islamic supremacy. Countries of this type include such “moderate” countries such as Egypt, Jordan, Afghanistan, and even Iraq.

17 Responses

  1. GOOD FOR ALASKA. EVERY STATE NEEDS TO DO THIS AND RIGHT NOW.

    THEN IT NEEDS TO BE ILLEGAL FOR %$#@ING MUSLIMS TO BE IN OUR COUNTRY AT ALL.

    EXECUTE ALL OF THEM THAT ARE PLOTTING EVIL AND DESTRUCTION.

    • Muslims and their facilitators must be removed from our Western Nations…

      OUT, YOU PSYCHO PIECES of SHIT !

  2. Sharia law is proof that Islam is not a religion, but a political system. I appreciate those states which are endeavoring to prohibit foreign political systems from setting up shop in the US and taking over our courts . Being tolerant of the takeover of the US by a foreign political system is not tolerance, it is suicide. I always find it strange when the ACLU objects to actions which seek to preserve civil liberties. I guess in their view civil liberties are meant for a few but not to us who are not Muslim. Under Sharia Law, the ACLU could not exist. There are no civil liberties in Islam.

    • Islam is a political/ legal/ social/ and economic system that has been built around a religion. In it, there is no separation of religion from politics. As such, it is a grave threat to the Constitution.
      As such, it deserves no 1st Amendment protection.
      The legal system inherent is based on tradition, not reason.
      It is also not part of any treaty made with any foreign power.
      Sharia is not part of American law.
      It partakes of nothing American law came from.
      It is alien, anti-humanistic, brutal and barbaric.
      These are not insults. These are statements of fact.

  3. They must be under Sharia and they will replace all our laws with it. They enforce Sharia in their own areas now. A taxi in Minnesota will not pick up a passenger with a dog, blind or otherwise, pork, or alcohol. This is the law for them. Sharia is held above the laws of the land they occupy.

    When they stone or honor kill your erring daughter who married a Muslim in America, or force a 12 year old to go to Pakistan to marry, remember they are acting within Sharia Law. The ACLU must and will support them.

    They come here, CAN NOT INTEGRATE UNDER THREAT OF DEATH, are told NOT to associate with any infidels, and move into areas that are 100% Muslim, demanding more and more and when thwarted, have hair trigger reactions for actual or imagined insults, and learn hate at the Mosque.

    They will accost any woman who does not dress according to Islamic law, infidels included. As their numbers increase, so will the enforcement.

    YOU MUST ACCOMMODATE THEM! They take jobs involving pork and force the company to remove them from the pork, provide endless and ever increasing special privileges including wearing clothes dangerous in the job, sue if they are hurt, and end up suing the employer at some point for imagined religious errors.

    Like the hijab worn by the welfare fraud woman in jail, and liberal judges back her up!

  4. Islamic Law is enforced here!

    Florida circuit court judge allows case to proceed under Islamic law

    http://www.jihadwatch.org/2011/03/florida-circuit-court-judge-allows-case-to-proceed-under-islamic-law.html

    God help us if stoning is required in this case. Will the judge attend the stoning?

    Does this guy need our input? If an execution takes place, is the judge culpable?

  5. We need this ban at the federal level.

    Fat chance of that happening under the Obama regime!

  6. Islamic tradition is not the law of a foreign nation.
    It was never negotiated by treaty.
    It was not arrived at through tribunals or any rational process.
    In Sharia the law = Allah. AN IRRATIONAL FORMULATION!
    It must never be accepted as valid in the West.

  7. Knowing that the federal judiciary system is not going to step in to uphold the Constitution, it’s up to the states to protect us. I can only hope that ALL states follow suit. Our laws and our Constitution should be the only legal consideration in this country.

    Should a community opt to practice their religious law amongst themselves, so be it. As long as it doesn’t contradict US law, I have no problem with it. However when they use their religious law to kill or mutilate, they must be prosecuted under our laws.

    • Sarajmt@verizon.net,

      Hopefully if this does reach the supreme court, they will not over turned it. If the supreme court over turns laws that ban all foreign laws in general that violate the constitution from being used by our courts, than I don’t know exactly where we should go from there. An amendment to the constitution itself would be ideal, but that is something that’s made hard to accomplish for good reason.

  8. Born in violence, perfected in bloody conquest and maintained by murder, shari’a is the offscouring of a civilization suffering from ‘arrested development’.

  9. I just got 2 of my state legislators introducing this next session. YAY!!

  10. [...] report on Alaska’s effort to ban international laws including Islamic [...]

  11. [...] class, and he does expect there will be controversy in the classroom.erin.cole@umontana.eduRelated:Alaska seeks to bar foreign law from courts « Creeping ShariaUK: Muslim students challenge interest on tuition fees – Jihad Watch“This case will [...]

  12. [...] Alaska seeks to bar foreign law from courts « Creeping Sharia [...]

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