General Discussion
In reply to the discussion: States are incrementally banning Sharia Law. What about Orthodox Jewish law? [View all]jberryhill
(62,444 posts)...would forbid parties from even agreeing to private arbitration and having that arbitration enforced by a court, if the arbitration used religious law:
http://gaveltogavel.us/site/2011/08/08/bans-on-court-use-of-shariainternational-law-aba-house-of-delegates-opposes-blanket-prohibitions-state-legislatures-out-of-session/
KANSAS:
"Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.
The Kansas "Sharia Law" ban actually abrogates the right of contract.
I mean, it is absolutely crazy. If a monk enters a monastery by taking a vow of silence, and he is kicked out because he violated that vow, then the Kansas law would say that the vow violated his First Amendment right to free speech. It's just nutty.
That's what contracts DO! They are voluntary agreements to act, or not to act, in a particular way in exchange for consideration. Contracts incorporate religious conditions all of the time, and arbitration is frequently agreed to be conducted by a religious body. What this Kansas law says is, "screw you and your agreement to have arbitration conducted by whom you chose".
It's commercially disruptive.