Texas governor approves bill banning Sharia from courts

Texas Gov. Greg Abbott has passed a bill that would ban sharia law and other foreign laws from being applied in state courts. | Pixabay/OpenRoadPR

Texas Gov. Greg Abbott has approved a legislation that prohibits the use of foreign laws, such as Sharia, in the state's courts.

Texas House Bill 45, which was passed by the House on May 6, and the Senate on May 22, was signed into law by the governor on June 14.

The new law, which goes into effect on Sept. 1, would prohibit judges from applying foreign laws over Texas and U.S. laws, specifically in family law cases involving marriage or parent-child relationship matters.

Rep. Jeff Leach (R-Plano), one of the co-authors of the legislation, said described it as a "vitally important bill to further safeguard and protect our Constitutional rights!"

Rep. Dan Flynn (R-Canton), the lead author of HB 45, introduced a similar measure in the past after an Islamic tribunal was reportedly established in Dallas in 2015, but efforts to pass the legislation failed.

He claimed that foreign law often applied in cases concerning divorce, child support and property settlements. He also noted that in some cases, spouses enter into agreements to have foreign law applied to their disputes.

"My colleagues and I here at the Texas Legislature want to make sure Texas judges never apply foreign law in Texas courts in violation of constitutional rights and the public policy of our state," Flynn stated, as reported by Breitbart News.

Under the new legislation, litigants in family law cases would be shielded "against violations of constitutional rights and public policy in the application of foreign law" under the U.S. and Texas Constitutions as well as other protections such as federal and judicial precedent, the Texas Family Code, and the Uniform Child Custody Jurisdiction and Enforcement Act.

The measure does not specifically mention any particular foreign nation, religion or cultural practice, but it clarifies that "foreign law" means a rule, law or code from a jurisdiction outside of the U.S.

It emphasizes that foreign laws shall not override U.S. and Texas law or their respective constitutions, and it underscores that in the event of any legal conflicts, "federal or state law prevails."

Muslim groups such as the Council on American-Islamic Relations (CAIR) denounced the passage of the bill, claiming that it "is designed to negatively impact Muslims' civil rights and to demonize their faith."

"We believe it aims to prevent Muslims from practicing their faith in areas such as Islamic marriage, divorce, funeral procedures and civil agreements," a statement from the group read.