On Friday, a bill that would prohibit the imposition of foreign laws in state courts will get its first hearing in the state Senate Judiciary Committee.

Under Senate Bill 199, introduced by state Sen. Janna Taylor, R-Dayton, state courts would be prohibited in certain instances from applying foreign laws in Montana courts. With exceptions for business contracts, the proposed law would void any “court, arbitration or administrative agency ruling” that relies on any foreign law contrary to rights guaranteed to Montanans by state or U.S. constitutions.

Taylor said that while the bill’s language is broad, she was motivated by an estimated 50 cases in U.S. courts referring to Sharia law, the Islamic legal code.

“I had a large group of constituents that were pretty worried about the instances of Sharia law being used by American judges,” she said. The bill is modeled on the “American Laws for American Courts” template that she said has been introduced in several other states. “Most of [the cases] were against women and children. In Sharia law there is no custody; all the children belong to the father.”

In all of the cases she was aware of, Taylor said, higher courts had overturned rulings that sided with Sharia law.   

None of these cases have been in Montana, but Taylor wants to be certain the state’s citizens will be protected, adding that cases of divorce, abuse and even rape treat women unfairly under the Islamic code.

Caroline Solomon of Bigfork also believes the initiative is an important one. She leads the local chapter of ACT! for America, a nonprofit advocacy group “devoted to promoting national security and defeating terrorism,” and she said she will be carpooling to the Friday hearing with other local people to show her support for the bill.

“We are fighting for women and children, and there are certain cultures where [their] freedoms are not as strong, and they do not have the same rights as we do in this country,” Solomon said. “I’m very blessed to see that the Flathead is involved and very aware. They want to learn more and protect what we have in this wonderful country.”

Anthony Johnstone, an associate professor with the University of Montana School of Law, said state courts are already required, by both state and federal constitutions, to respect domestic constitutional rights regardless of foreign law.

“It wouldn’t necessarily add anything to what the courts are already required to do, which is to obey the Constitution,” he said. “[But] it may have some unintended consequences depending on how courts read the law. … In family law, contract law and other laws, individuals who are in court may have a contract related to their business or family of something else that calls on courts to apply foreign laws … and traditionally courts respect that choice of law.”

He noted potential impacts to businesses, for which the law provides an exception. Businesses and individuals in the United States frequently enter into contracts with other parties based on foreign law if, for example, those laws are written more clearly and provide more certainty.

Taylor said the bill would not affect those involved in international business contracts based on legal systems elsewhere.

“What I’m really trying to protect is personal freedom, those constitutional rights,” Taylor said. “I don’t want to stop businesses from doing business anywhere they want.”

She said that the Islamic legal code wasn’t her only concern. She hopes the legislation also would shield Montanans from implementation of global laws that could arise in the future.

Taylor added that she has seen wide support for her proposal so far, estimating that 40 of her colleagues had signed on as cosponsors in the two days before she introduced the final draft.

The Senate Judiciary Committee will consider the bill Friday at 9 a.m. in Room 303 of the Capitol building in Helena.

Reporter Samuel Wilson may be reached at 758-4407 or by email at swilson@dailyinterlake.com