Bans on court use of sharia/international law: NC legislature approves ban, becomes fifth legislature to approve such a bill in 2013

North Carolina’s legislature now joins those in Alabama (SB 4, constitutional amendment on ballot in 2014), Missouri (SB 267, vetoed by governor), Oklahoma (HB 1060, signed into law) and Washington state (portions of SB 5797, signed into law) to pass bills banning state courts use of sharia, international law, or religious law.

The history behind the North Carolina effort, however, was more complex than perhaps any other such ban.

The original North Carolina bill, HB 695, was approved by the full House on a 69-42 vote in May. The Senate amended onto the bill a list of abortion restrictions which bogged down and eventually killed the bill. In its place the Senate took up a completely unrelated bill (HB 522) regarding natural gas service, removed all the existing language, and put in the original language of HB 695. That bill was approved by the full House in July 19 and the full Senate concurred with the amendment on July 24.

It should be noted that the North Carolina ban is limited to family law matters, in contrast with broader bans that were debated and enacted in other legislatures in prior sessions.

A court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of State law shall not apply a foreign law in any legal proceeding involving, or recognize a foreign judgment involving, a claim for absolute divorce, divorce from bed and board, child custody, child support, alimony, or equitable distribution if doing so would violate a fundamental constitutional right of one or more natural persons who are parties to the proceeding.

With North Carolina now having approved a bill, the only state remaining in session (i.e. not adjourned sine die) with a sharia/international law banning bill is South Carolina, however those SC bills have not even advanced out of committee at this point.

List of bills below the fold