Saturday, April 20, 2013

Oklahoma Governor Signs Bill Limiting Use of Foreign Law In State Courts

Just days after the Oklahoma legislature passed the bill, Oklahoma Governor Mary Fallin on Friday signed HB 1060 (full text), a bill that limits application of foreign law by Oklahoma courts. (KRMG News). Largely tracking the American Law for American Courts Model Act, the new Oklahoma statute bars courts, arbitration tribunals or administrative agencies from basing their rulings or decisions on foreign law that would not grant the affected parties the same fundamental rights and liberties that are guaranteed by the U.S. and Oklahoma Constitutions. Among the qualifications on the Act's broad ban is one that attempts to protect religious organizations adjudicating ecclesiastical matters. Last year, the U.S. 10th Circuit Court of Appeals held that an earlier Oklahoma constitutional amendment aimed more directly at the application of Sharia Law violated the Establishment Clause. (See prior posting.)