Leo Berman, Texas representative from Tyler, introduced a proposal to place an amendment on the state ballot prohibiting courts from applying religious or cultural law. Via AmericanIndependent.com.
Although he denies it publicly, the amendment appears to be a response to some of the headline making rulings in other states where courts tried to exonerate a criminal with the excuse that his religion made him commit a crime. The Council on American-Islamic Relations opposes the amendment.
Texas elects its judges, so an outrageous ruling would likely get dealt with by voters. But there's always the possibility that in some outlying area -- Schleicher County for example -- cults might attempt to establish their own communities and eventually elect their own judges, sheriffs and district attorneys.
Here's what the Texas amendment would say:
A court of this state shall uphold the laws of the Constitution of the United States, this Constitution, federal laws, and laws of this state. A court of this state may not enforce, consider, or apply any religious or cultural law.
A similar proposal that passed overwhelmingly in Oklahoma was struck down by a Federal Judge. However, the Oklahoma amendment specifically referred to Sharia law. By avoiding a reference to a particular religion Mr. Berman hopes the one in Texas might succeed.
Actually, the wording of his amendment is a little sloppy. A better worded amendment might read like this:
A court of this state may not enforce, consider, or apply any religious or cultural law that conflicts with the laws of the Constitution of the United States, this Constitution, federal laws, and laws of this state.
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