The failure to recognize, let alone confront, the Islamist ideology on the federal level does not mean that nothing can be done. An increasing number of states are passing or considering legislation designed to take on this task.
Below are five initiatives you can promote in your state:
American Laws for American Courts
In 2011, the Center for Security Policy released a studied titled Shariah Law and American State Courts: An Assessment of State Appellate Court Cases. The study found 50 appellate court cases in 23 states where Shariah-based legislation from 16 foreign countries contradicted American law.
The primary victims of this “conflict of law” are Muslim-Americans. Areview of 10 cases where Shariah-based law and American law clashed in court found:
“In cases 1-3, the Appellate Courts upheld Shariah law; in cases 4-7, the Trial Courts upheld Shariah, but the Appellate Courts reversed (protecting the litigant’s constitutional rights); in cases 8-10, both Trial and Appellate Courts rejected the attempts to enforce Shariah law.”
The American Public Policy Alliance explains that unclear state law has resulted in “the courts and the litigants hav[ing] repeatedly failed to recognize that comity to a foreign judgment may be at odds with our state and federal constitutional principles…”
American Laws for American Courts is model legislation that prohibits courts from putting foreign law before American law. This has often been described as “Anti-Shariah” legislation, but it doesn’t even mention Shariah or Islam. Its purpose is to protect Americans from being abused by any kind of foreign law.
American Laws for American Courts has been passed in Tennessee, Louisiana, Arizona, Kansas and Oklahoma. It was recently passed by the Alabama legislature as a constitutional amendment and will soon be put to a vote by the people. In Missouri, the legislature will meet in September to try to override the Governor’s veto of the bill.
Free Speech Defense Act
Dr. Rachel Ehrenfeld was sued by a Saudi billionaire named Khalid bin Mahfouz because her book linked him to terrorism-financing. Because 23 copies of the book were bought online in the United Kingdom, Mahfouz was able to exploit the U.K.’s libel laws and sue Ehrenfeld even though she lives in America. Altogether, he targeted 45 publishers and journalists and only she refused to settle.
In 2008, the United Nations Human Rights Committee warned that loose libel laws “discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work, including through the phenomenon known as ‘libel tourism.’”
Federal legislation called the SPEECH Act, also known as “Rachel’s Law,” has been passed but there is a glaring loophole that could result in Americans being denied a trial in U.S. courts.
The Free Speech Defense Act protects the First Amendment rights of Americans from foreign libel tourism. A modified version of this legislation has been passed in South Dakota, New York, California, Illinois, Florida, Utah, Tennessee, Louisiana, Maryland and Oklahoma. It is pending in the South Carolina legislature.
Read more at The Clarion Project