New Kansas Law Bans Use of Foreign Law

Governor Sam Brownback of Kansas has signed a law, which takes effect on July 1, 2012, intended to keep Kansas courts from relying upon Islamic sharia law. The language of the new law does not specifically mention sharia; rather, it states that courts and administrative tribunals cannot use any foreign law as a legal basis for its rulings if that foreign law would not grant to all parties involved the same rights that would have existed under federal or state constitutions.
Stephen Gele of the American Public Policy Alliance in Michigan said: “This bill should provide protection for Kansas citizens from the application of foreign laws. The bill does not read, in any way, to be discriminatory against any religion.” The organization’s website also states: "America has unique values of liberty which do not exist in foreign legal systems, particularly Shariah Law."
Sherriene Jones-Sontag of Governor Brownback’s office issued a statement emphasizing that point, noting that the new law  “makes clear that Kansas courts will rely exclusively on the laws of our state and our nation when deciding cases and will not consider the laws of foreign jurisdictions." She added: “This disturbing recent trend of activist judges relying upon the laws of other nations has been rejected by overwhelming bipartisan majorities in both the Kansas House and Senate."
The National Conference of State Legislatures reports that similar laws have been considered in 20 states. Arizona, Louisiana, and Tennessee have already enacted laws similar to the new Kansas law. Oklahoma approved a ballot initiative in 2010 which explicitly banned the use of sharia law by amending the state constitution. The measure received over 70 percent the vote, but federal courts have enjoined the implementation of this ballot measure.
Muslim groups, particularly CAIR (Council on American-Islamic Relations), have threatened litigation. Ibrahim Hooper of CAIR asserts discrimination, noting of Governor Brownback’s signing the bill: “If he claims it has nothing to do with Shariah or Islamic law or Moslems, the he wasn’t paying attention.”
Supporters of the bill, however, have noted that there is already a divorce case in Sedgwick County, Kansas, in which the husband has asked the court to divide marital property according to sharia law, based upon existing marriage contract writing according to Islamic law.
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