Legislature approves bill
to bar use of Islamic law, other foreign codes, in Kansas courts
TOPEKA, Kan. — A bill designed to
prevent Kansas courts or government agencies from making decisions based on
Islamic or other foreign legal codes has cleared the state Legislature after a
contentious debate about whether the measure upholds American values or appeals
to prejudice against Muslims.
The Senate approved the bill Friday on a
33-3 vote. The House had approved it, 120-0, earlier in the week. The measure
goes next to Republican Gov. Sam Brownback, who hasn’t said whether he’ll sign
or veto the measure.
The measure doesn’t specifically mention Shariah
law, which broadly refers to codes within the Islamic legal system. Instead, it
says that courts, administrative agencies or state tribunals can’t base rulings
on any foreign law or legal system that would not grant the parties the same
rights guaranteed by state and U.S. constitutions.
But several
supporters specifically cited the potential use of Shariah law in Kansas as
their concern. Though there are no known cases in which a Kansas judge has based
a ruling on Islamic law, supporters of the bill cited a pending case in Sedgwick
County in which a man seeking to divorce his wife has asked for property to be
divided under a marriage contract in line with Shariah law.
The bill’s
supporters said it simply ensures that legal decisions will protect
long-cherished liberties, such as freedom of speech and religion and the right
to equal treatment under the law. Sen. Susan Wagle, a Wichita Republican, said a
vote for the legislation is a vote to protect women.
“In this great
country of ours and in the state of Kansas, women have equal rights,” Wagle said
during the Senate’s debate. “They stone women to death in countries that have
Shariah law.”
The bill passed both chambers by wide margins because even
some legislators who were skeptical of it believed it was broad and bland enough
that it didn’t represent a specific political attack on Muslims.
“We
don’t have any intolerance in this bill. Nobody’s stripped of their freedom of
religion,” said Sen. Ty Masterson, an Andover Republican. “This is talking about
the law — American law, American courts.”
But several senators noted
that supporters of the bill have singled out Shariah law in talking about it.
“This bill will put Kansas in a light that says we are intolerant of any
other faith,” said Senate Judiciary Committee Chairman Tim Owens, an Overland
Park Republican who voted against the bill. “I would not be able to look at
myself in the mirror in the morning if I didn’t stand up and say I don’t want to
be that kind of person and I don’t want to be in a community or a state that is
that way.”
Both the Council on American-Islamic Relations and the
National Conference of State Legislatures say anti-Shariah proposals have been
considered in 20 states, including Kansas. Oklahoma voters approved a ballot
initiative in 2010 that specifically mentioned Shariah law, but both a federal
judge and a federal appeals court blocked it.
“It is an effort to
demonize Islam,” said Ibrahim Hooper, a spokesman for the Washington-based
council. “As Muslims are seen participating in a positive way in society, that
really irritates some people.”
In Kansas, 45 House members, led by Rep.
Peggy Mast, an Emporia Republican sponsored a bill aimed at Shariah law last
year. The House approved it overwhelmingly, but it stalled in the Senate; this
year, the House pushed another version, and pressure built on senators.
Mast had a news conference Thursday to highlight the Sedgwick County
case, in which Hussein Hamdeh, a Wichita State University physics professor,
filed for a divorce in November 2010 from his wife, Hala.
Their Islamic
marriage contract, made in Lebanon, promised her a $5,000 payment should they
split. He argued that the contract settled property issues, while Islamic law
limited spousal maintenance payments to her to three months. Her attorney said
in a court document that following Islamic law would leave her “destitute.”
Hussein Hamdeh’s attorney declined to comment because the case is
pending. Hala Hamdeh’s attorney did not return a telephone message seeking
comment.
Sen. Garrett Love, a Montezuma Republican, said even if no
Kansas court has yet based a decision on foreign legal codes, “That doesn’t mean
we shouldn’t still protect Kansans from those foreign laws being used in the
future — a future that really may not be that far away.”
But several
senators questioned whether the legislation is necessary, arguing Kansas judges
and officials already must adhere to the U.S. and state constitutions. Hooper
derided it as “an anti-unicorn” bill.
“All it does is increase hostility
toward Islam and suspicion of Muslims,” Hooper said.
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