Texas Rep. Berman files resolution to ban ‘religious or cultural law’

Berman: 'If that includes Sharia law, then so be it'

Mimicking proposed legislation in several other states, Rep. Leo Berman (R-Tyler) suggested a constitutional amendment prohibiting Texas courts from enforcing, considering or applying religious or cultural law. Though the joint resolution itself does not specify ‘Sharia Law’ ­­­– the practices governing Muslim life, including family, work and religion – it falls under the umbrella of banned rules.

“A lot of federal courts are referring to international courts and laws of other countries. We want to make sure our courts are not doing this, especially in regards to cultural laws,” Berman said. “If that includes Sharia law, then so be it.”

Ibrahim Hooper, of the Council on American-Islamic Relations, a D.C.-based civil rights advocacy group, says the resolution and similar legislation being proposed in Indiana are violations of First Amendment rights and are essentially hypocritical.

“Based on the proposal, he obviously must be against the Ten Commandments,” Hooper half-joked.

Births, deaths, wills and marriages that include a person’s faith would be null and void, including references to Jewish law in a marriage contract or specifying to be buried in a Catholic cemetery in a will, under the resolution’s logic, Hooper said.

While Oklahoma citizens approved a constitutional amendment prohibiting state courts from considering international law or Islamic law during case decisions, a federal judge struck down the referendum after a lawsuit backfired, calling the amendment an infringement on the U.S Bill of Rights. (via Associated Press)

“What we are seeing is those that are trying to enact laws targeting the American Muslim community’s constitutional rights realize they are not going to pass legal muster,” Hooper said. “So they are finding backdoor, roundabout ways to accomplish the same thing.”

Berman is the author of several controversial bills this legislative session, including an Arizona-style immigration bill as well as a “birther” bill, requiring presidential and vice-presidential candidates to submit their original birth certificates to the Texas Secretary of State.

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Comments

Can States Prevent American Courts from Considering Jewish Law? | Jewish and American Law 01.14.11

[...] constitution that would prevent courts from applying any “religious or cultural law.” (Click here for the story, and here for the text of the amendment.) The language of this bill would undoubtedly [...]

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Public Comment! 01.14.11

And the Arizona beat goes on. I wonder how many more people have to die before this type of stuff ceases?

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Sami 01.15.11

Poor Rep. Berman has no capbality to tackle the big issues the state of Texas is facing such as education, health care and others. Instead of working hard on stopping the schoole closures becasue of lack of funding he is hiding behind false issues that has no effect on the people of Texas.
Is he going to stop the Jewish laws, Hindus from practicing their religious laws? He is just tryng to join the band wagon of the hate mongers who are specializing in confusing the public with meaning less issues. Obviously he has so much spare time on his hands when he refuses to deal with real concerns of the people of Texas. By introducing bogus resolutions he is trying hard to show the public how hard he is at work, where as he himself would not know what exactly he is talking about. For sure I am not going to be voting for him again.

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Dr. Mike 01.15.11

Marriage laws are both “religious” and “cultural.” Laws based upon the Ten Commandments are “religious” and “cultural.” Blue laws are “religious” and “cultural.” Rep. Berman would have to amend his proposal to allow Christianity as the only accepted “religion and culture.”

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Chad 01.19.11

“A lot of federal courts are referring to international courts and laws of other countries.”

Examples?

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Robert 01.24.11

Simply stated, Sharia law has NO PLACE in the jurisprudence of ANY country if they want to remain FREE. Islam’s mandate in America is to gradually replace our constitution and laws with Sharia Law. Here it is in their own words:

“The process of settlement is a “Civilization-Jihadist Process” with all the means. The Ikhwan [Muslim Brotherhood] must understand that their work in America is a kind of grand Jihad in eliminating and destroying the Western civilization from within and “sabotaging” its miserable house by their hands and the hands of the believers so that it is eliminated and Allah’s religion is made victorious over all other religions. […] It is a Muslim’s destiny to perform Jihad and work wherever he is…”

Sharia Law is not just a few religious precepts. It’s a complete set of “laws” for running EVERY aspect of one’s life. Islam does not believe in Democracy. It does not support FREE SPEECH and our First Amendment.

Islam is not here to Assimilate into Western culture. Rather it is here to conquer and implementing Sharia is the most important step in the process of executing on their civilizational Jihad.

Just ask any non-muslim European if they wished they had restricted Islamic immigration and prevented Sharia law from arising in their countries. You will get a resounding agreement that it was the biggest mistake they ever made next to joining the European Union.

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robin kafira 01.28.11

You cannot teach Islam without advocating Sharia Law.
Sharia law is completely incompatible with the US Constitution and cannot coexist.
Islam is not a religion, it has no protected status under the first amendment.
Persons teaching or advocating Islam are committing Sedition a form of treason.

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marind 02.22.11

Hilarious! I hope this one passes. It’s about time we decisively kicked ALL religion out of the law e.g. bans on same-sex marriage, forcing women to give birth to children they don’t want, the “Faith Based Initiatives” that give taxpayer money to religious organizations, paying clergymen who serve in the military, tax-exempt status for churches.

All and all, I think this is a tremendous law that should be passed!!!

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