Saturday, September 18, 2010

Gingrich and Sharia in Our Courts

Former U.S. House Speaker Newt Gingrich says Congress should enact a law banning Sharia from being recognized by the federal courts.

I was not even aware that we had this problem. The Constitution strictly bans the federal government (and any public body since the First Amendment was incorporated) from recognizing religious doctrines as the law of the land. If at some point a rogue judge applies Sharia when settling a case (something that can I guess happen), the opposing side could always appeal their way up to the Supreme Court at which point the Court would in all likelihood overturn the federal judge who recognized Sharia as law.

In either event, Newt Gingrich's proposed law would be challenged as a direct violation of the Fourteenth Amendment's equal protection clause because it would specifically prohibit judges from one and only one religious group (Islam) from imposing their religious views on the rest of us. Judges who adhere to Jewish, Christian, or Hindu beliefs would be free to use Jewish, Christian, or Hindu beliefs to settle disputes between two legal parties.

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