State Rep.'s Anti-Sharia Proposal Could Target All Religions, Not Just Islam. Progress!

Categories: Politics, Religion

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... we're just not clear how.

The House State Affairs Committee was scheduled today to consider Rep. Dan Flynn's proposal to ban "religious or cultural law" from Texas courts. Rep. Flynn apparently withdrew his proposal, HJR 43, from committee consideration at the last second, but it's still worth a look.

As the Texas Freedom Network reports, this is likely a new attempt to ban Sharia law. Islamophobic lawmakers keep insisting Sharia is really a real threat you guys, really. The concern is that Sharia will creep (it's sole means of locomotion) into the U.S. legal system and then replace the Constitution despite a complete lack of evidence that of Islamic jurisprudence is replacing U.S. law.

Previous attempts to ban Sharia specifically have been unsuccessful in Texas and ruled unconstitutional elsewhere.

Turns out it's tricky these days to pass laws targeting just one group of Americans. But the new, broader language Flynn uses in HJR 43 invites its own problems. The proposal says that courts may not "enforce, consider, or apply any religious or cultural laws." As TFN points out, people either married outside of the U.S., or looking to settle disputes based on their own religious or cultural customs could all be affected by this.

The American Bar Association also claims that, because these laws would so severely hamstring businesses dealing internationally, they'll cause "unanticipated and widespread negative impact on business, adversely affecting commercial dealings and economic development in the states in which such a law is passed and in U.S. foreign commerce generally."

In Rep. Flynn's defense, there's a chance this proposal wasn't meant to be a veiled attempt to marginalize a religious minority. A very, very small chance. We've left a message with his office.


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7 comments
dannyhaszard1
dannyhaszard1

Jehovah's Witnesses *blood transfusion confusion*.

Jehovah's Witnesses doctrine allows a liver transplant but not the blood that is in it.

Jehovahs Witnesses DO take blood products now in 2012.They take all fractions of blood.This includes hemoglobin, albumin, clotting factors, cryosupernatant and cryo-poor too, and many, many, others.
If one adds up all the blood fractions the JWs takes, it equals a whole unit of blood. Any, many of these fractions are made from thousands upon thousands of units of donated blood.
Jehovah's Witnesses now accept every fraction of blood except the membrane of the red blood cell. JWs now accept blood transfusions.


The fact that the JW blood issue is so unclear is downright dangerous in the emergency room.
 More than 50,000 Jehovah's Witnesses dead from Watchtowers deadly arbitrary blood ban,some estimates run as high as 100,000 dead
---
Danny Haszard FMI http://www.dannyhaszard.com

melpy
melpy

There's another way to look at this, I suggest that you read the article by Mr. Lars Hedegaard in the Wall Street Journal opinion pages.

observist
observist topcommenter

Hmmm.  I think the "religious" law ban would eliminate half the Republican platform, and the "cultural" law ban would eliminate half the Democratic platform.

Daniel
Daniel

If only it were so simple.

bmarvel
bmarvel topcommenter

If only it were so simple. 

There are times when religious laws run contrary to U.S.laws. Custody of children might be an example. The rights of women might be another. To which law, then, is the judge to give precedence? Ordinarily, we would hope, to U.S. or state law. but in fact courts have on occasion given precedence to religious law.

The dilemma is by no means peculiar to Sharia law. Orthodox Jews and various Christian sects have found themselves battling federal or state laws obnoxious to their beliefs.  (Medical treatment for the child of Christian Scientists? Blood transfusion for a Jehovah's Witness?)

I hope Rep.Flynn haa given deep thought to the consequences of his proposed law. But I would also hope you would do the same.

Bobtex
Bobtex

Does Rep. Flynn truly want to ban the TEN COMMANDMENTS from Texas law?  I bet every Texas religious fundamentalist would object to that.

When are these jokers going to address some real problems in this state?  They could start with water (or lack thereof), quality education (or lack thereof), good roads (or lack thereof), and adequate mental health care (or lack thereof).  I guess that it is really up to the voters to address the most fundamental problem, that of competent, intelligent legislators (or lack thereof).

scottindallas
scottindallas topcommenter

@bmarvel Among the elements of Sharia law that have crept into Western law is one rule that prevents states and other lien holders to execute these liens against widowed women.  There are a few others, that we get, most via the Moorish Spanish influence. 

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