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Response to treestar (Reply #52)

Mon May 28, 2012, 02:05 PM

55. The relevant text of the Kansas law....

...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.

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no_hypocrisy May 2012 OP
jberryhill May 2012 #1
aquart May 2012 #11
KamaAina May 2012 #43
aquart May 2012 #2
treestar May 2012 #3
jberryhill May 2012 #4
Bluenorthwest May 2012 #7
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jberryhill May 2012 #13
Bluenorthwest May 2012 #35
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jberryhill May 2012 #50
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MADem May 2012 #53
aquart May 2012 #17
jberryhill May 2012 #19
Bluenorthwest May 2012 #38
treestar May 2012 #22
jberryhill May 2012 #31
treestar May 2012 #52
LineLineLineLineLineLineLineLineReply The relevant text of the Kansas law....
jberryhill May 2012 #55
treestar May 2012 #59
edhopper May 2012 #5
aquart May 2012 #18
Posteritatis May 2012 #66
lunasun May 2012 #23
Rosa Luxemburg May 2012 #6
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cleanhippie May 2012 #15
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Nikia May 2012 #60
FarCenter May 2012 #62
nadinbrzezinski May 2012 #21
jberryhill May 2012 #27
nadinbrzezinski May 2012 #49
jberryhill May 2012 #51
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jberryhill May 2012 #63
treestar May 2012 #25
jberryhill May 2012 #29
FarCenter May 2012 #37
jberryhill May 2012 #42
cleanhippie May 2012 #28
jberryhill May 2012 #30
cleanhippie May 2012 #33
jberryhill May 2012 #44
cleanhippie May 2012 #57
jberryhill May 2012 #58
jberryhill May 2012 #36
cleanhippie May 2012 #39
jberryhill May 2012 #46
WriteWrong May 2012 #64
jberryhill May 2012 #65
cali May 2012 #26
no_hypocrisy May 2012 #32
cali May 2012 #41
obamanut2012 May 2012 #34
libodem May 2012 #45
mythology May 2012 #48
Initech May 2012 #56
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