Being from Lake County, I was extremely disappointed, but sadly unsurprised, that a couple representatives for the area are the designated hate-mongers pushing a bill through the Legislature which would ban the use of Shariah Law by the courts. This bill is insane, first and foremost because no court in the U.S. has ever tried to do such a thing. But is also striking the only political movement which has come close to trying to enforce Shariah Law in Florida has actually been from conservatives.
Obviously, no one wants Islamic fundamentalism beliefs imposed on America. Why, that would be pro-terrorist or something.The irony, though, is that the backwoods, 19th Century approach to justice espoused by the far right, and too often specifically by lawmakers from my home county, lines up with Shariah Law more often than the liberal approach to enforcement of the law.
First, let's consider state Sen. Alan Hays comments directly to the issue via the Miami Herald:
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"American Laws for American Courts was crafted to protect American citizens’ constitutional rights against the infiltration and incursion of foreign laws and foreign legal doctrines, especially Islamic Sharia Law."
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Of course, right. Shariah law, according to the Ontario Consultants on Religious Tolerance, calls for severe capital punishments for such "crimes" as sex before marriage, sex after divorce and the drinking of alcohol. The classic stories of Middle Eastern governments cutting off the hands of thieves is based in this centuries-old doctrine. The most liberal of Muslim countries, notably Turkey, moved away from Shariah Law years ago. One hopes as the revolutions in North Africa spread that this dusty, barbaric approach to government will continue a deserved decline.
But this a huge concern of Hays, and of state Rep. Larry Metz. It is a shame the whole Republican party hasn't taken such a firm stance against disproportionate punishments being applied to such moral sins. That is, of course, assuming that is their problem with Sharia Law.
Then again, it is worth seeing what other legislation Hays has promoted through his years in the Legislature. This session, Hays is also sponsoring a bill which would allow the courts to take away driver's licenses of teenagers who flee from the police for any reason. He also is pushing a bill which would punish employers who hire illegals. Another billwould give sovereign powers to the sheriff and other constitutional offices in every county so they could end impasses with their respective employee unions. Yet anothermakes it more difficult for minors to have an abortion without consent of a parent.
But while many of these measures are, in my view, rather Draconian, it may seem an exaggeration to call them Shariah Law. Past holder of Hays' seat have suggested worse.
State Sen. Carey Baker got a bill through which made it illegal to display "Truck Nutz" on your car. I assume he did this for the children.
Former state Sen. Anna Cowin successfully passed a law in the late '90s which would allow the chemical castration of convicted rapists. Far from upholding Shariah Law, our courts dealt it a blow and overturned that one.
I actually know all of the politicians involved with these bills, and respect them on a personal level, but believe either the politics of the time or a whirl of personal zealotry got the best of them when they attached their names to these pieces of legislation. I know they sometimes felt very strongly about the legislation. But that just shows the great need for checks and balances in our government system.
The point, though, is that these bits of legislation that impose moral standards through criminalization are a far greater threat to our liberties than the existence of a centuries-old doctrine employed by nations on the other side of the world.These are laws which have passed or could pass the muster of our Republican-dominated Legislature.
Florida in the past criminalized interracial marriage, and it took the courts to end that law. We still have sodomy laws on the books today just waiting for a court challenge.
The legal system isn't imposing Shariah Law on Florida. It is protecting us from it. And the Legislature, quite sadly, has a deep and not-so-distant history of doing the opposite.