How did a gay get elected to the South Carolina legislature?

For many I suspect the intent is to strip the Native American community of what little legal jurisdiction it has.

^^[rimshot]

This is the Republican party, they're like the latest Windows OS, they spend tons of time and money "fixing" all the things that didn't need to be fixed!

So no swearing an oath on the Bible? Pretty certain it was not written in the US of A.

I wonder if "international" law includes things like treaties, which the US Constitution says are the supreme law of the land.

It'll never pass, 'cause all them terrorist sleeper cell babies are gonna vote against it.

Sharia, sharia, I love you, Sharia, you're only a day, aaaaaaaa-way

Is the moon full all month?

As usual, Steve Benen and commenters on his site are misinterpreting the 1st amendment.

The First Amendment to the Constitution of the United States:

Congress shall make no law respecting the establishment of any religion other than Christian, or prohibiting the free exercise thereof; or abridging the freedom of my speech, or of the corporately owned press; or the right of the people peaceably to assemble to petition the Government for a redress of grievances against socialist, muslim, african kenyans.

I disagree with these measures, but unlike Steve and the other commenters, I disagree with them because they do not go far enough.

In addition to banning the enforcement of Sharia law, we also need to make sure that municipalities also don't try to govern by Murphy's Law, Criminal Law, the Law of Gravity, and the Law of Large Numbers. If a thing is worth doing, it's worth doing right.

Quote: "Um, no. He's making that up."

No. He's lying. Pants on fire, giving the public the finger, LYING.

Why not just say that?

As usual, they have no clue what sharia actually is. By its very definition, it applies only to Muslims. Not anyone outside Islam. So it could never be applied in the U.S. anyway.

Facts are such inconvenient things.

So it could never be applied in the U.S. anyway.

Until THEY take us over!

Of course the issue is stupid. But it brings people to the voting booth and those people vote Republican.

Defending US from Sharia Law is the Banning Gay Marriage from the 2004 election cycle.

If they're going to ban Sharia Law they should ban Judea Christian Law as well. Judea Christian Law would be, at minimum, as bad, and quite possibly worse than Sharia. It's apparent that the Koran took it's laws direct from the Old Testament.

Hard to know, since this doesn't actually quote the language of the bill, but this sounds like it would be inconsistent with a number of federal laws and, in general, have some unpleasant unintended consequences. For example, U.S. courts generally recognize foreign divorce and child custody decisions, and frequently allow for the domestic enforcement of the judgments of foreign courts. We do this because we want foreign governments and countries to reciprocate. If South Carolina passes a law which prohibits its courts from recognizing or enforcing foreign judgments, it throws this whole international reciprocity structure into disarray.

This is just another example of how idiotic a lot of state legislatures and legislators are. These people have no idea what they are talking about and will create laws that end up getting voided as unconstitutional. In the meantime, a great deal of time and effort is wasted on this.

When I marry my Argentinian mistress, we'll have to get married in the U.S., or else my home state won't recognize it?

Since when were the Republicans the Anti-Marriage party?

In Oklahoma as well as Wyoming part of the motivation is to keep the Native Americans in "their place".

As to claims that the First Amendment does not apply, disestablishment of a particular religion is covered. Disestablishing other religions essentially establishes the remaining religion.

The Oklahoma Amendment is in direct opposition to and defiance of Art. VI, the Supremacy Clause.

Article. VI.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

State Question 755
This measure amends the State Constitution. It changes a section that deals with the courts of this state. It would amend Article 7, Section 1. It makes courts rely on federal and state law when deciding cases. It forbids courts from considering or using international law. It forbids courts from considering or using Sharia Law.

International law is also known as the law of nations. It deals with the conduct of international organizations and independent nations, such as countries, states and tribes. It deals with their relationship with each other. It also deals with some of their relationships with persons.

The law of nations is formed by the general assent of civilized nations. Sources of international law also include international agreements, as well as treaties.

se·di·tion
 -noun
1. incitement of discontent or rebellion against a government.
2. any action, esp. in speech or writing, promoting such discontent or rebellion.

@Glen @12:32:

I can get onboard with that. It sure would make a mess of the anti-LGBT wingnuts (say buh-bye to Leviticus 18:22) and the anti-choice crowd (the OT specifically does NOT allow consideration of a foetus as a separate life - that doesn't happen until birth), not to mention the slave-ownership-defenders, the anti-cheeseburger brigade and the whole host of other volk who seem to think that Leviticus is more pertinent to US jurisprudence than the Constitution.

What about contracts that call for the use of another country's law? If a corporation in SC does business, for example, with a company from the UK and the contract requires that any disputes arising out of or relating to the contract be resolved under UK law, would this new SC statute basically vitiate that contractual provision?

If so . . . mightn't this have a deleterious effect on whatever foreign investment there is in SC? I don't think anyone has seriously thought this through down there.

So no swearing an oath on the Bible? Pretty certain it was not written in the US of A.

BLASPHEMY! The Bible was written in Texas by Jesus H. Washington, George Washington's father.

I happen to be passing thru OK right now. There was a show on the local PBS outlet (I know, public TV = commie, even in OK), with three law professors from law schools in the state. Even the wingnuttier one from the dumber law school agreed that this idiotic amendment was certain to make mischief for OK companies trying to do business overseas, albeit in the unlikely event that the amendment isn't smacked down by the federal courts.

Chances are the courts will declare the law unconstitutional, but that would be a bonus. Then the GOPers will claim that their attempt to protect the citizenry was attacked by "activist" judges.

As long as we're being preemptive, they oughta pass a law to make it illegal for humans to marry extraterrestrial beings. We don't need no Martians coming down here, stealing our women! It could happen, dagnabit, unless we head it off at the pass.

Isn't there more important issues for these fools to be concerned about?? Or is the economy and finances in all these states so good that they just have tons of time on their hands to waste? I just know that Washington, Jefferson and the like are simply spinning in their graves!!

"Judea Christian Law"

Been a while since I heard that name, but it rings a bell.

Is that the court system in the occupied West Bank?

No, wait -- she was a regular guest star on Family Ties!

No? The love child of Sienna Miller and that actor-guy who cheated on her with the nanny-state?

Ok, gimme a hint -- but just a little one.