Texas courts would be prohibited from applying foreign laws – such as Islamic Sharia law – when they conflict with the rights guaranteed by the U.S. and Texas constitutions, if Reps. Leo Berman (R-Tyler) and Harvey Hilderbran (R-Kerrville) have their way.
The House approved a Berman amendment Tuesday to an omnibus courts bill (HB 79) that prohibits Texas courts from applying foreign laws in family cases, when they conflict with constitutional rights. Berman’s amendment was filed during the regular session as HB 911. It passed the Judiciary and Civil Jurisprudence Committee unanimously, but died in the House Calendars Committee.
“We have a constitution of the United States and laws of the United States. We have a constitution and laws of Texas,” said Berman, noting that legislators take an oath to the U.S. and Texas constitutions upon taking office, not foreign jurisdictions. “I thought that doing this – prohibiting Texas courts from using any international law, culture, rules, or regulations – would be one way to protect Texas residents from Sharia law.”
Islamic Sharia law governs both societal matters such as marriage, divorce, and business relations and matters that US law considers personal such as hygiene and diet.
The Berman court only blocks foreign law when it violates a law or the constitution of this state. Specifically his amendment states:
The Berman amendment also declares that contracts that direct courts to apply foreign law are void when they conflict with rights guaranteed by US or Texas law.
Berman added his amendment two places: SB 274 – the governor’s tort reform bill – and SB 1717 – the omnibus courts bill.
The conference committee for SB 274 involved very careful and delicate negotiations between the Texas Trial Lawyers Association and Texans for Lawsuit Reform. All of the amendments that were not directly related to the original purpose of the bill (limiting lawsuits) got removed in conference.
But Berman thought the omnibus courts bill SB 1717 was a better fit. During the regular session, Berman’s amendment got stripped in conference (the courts bill died anyway – for other reasons – on the last day of the regular legislative session), but conservatives are hopeful for a different outcome in the special session. Several conservative organizations have already sent emails to their members asking them to call the Senate sponsor of the omnibus bill Sen. Robert Duncan (R-Lubbock) to request inclusion of the ban on International law.
Berman said he is concerned that courts in several states and at the federal level are basing rulings on Sharia law or other foreign legal concepts. “There are federal courts today that are looking to The Hague and the United Nations for information on their adjudications,” he said. Berman said he provided Duncan’s counsel a copy of information showing that some U.S. Courts use Sharia law.
HB 79 passed the Texas House today and is awaiting committee referral in the Texas Senate. The underlying bill simplifes the jurisdiction and organization of Texas courts.