1. law, govt and politics

By Electronic Mail
March 24, 2015
Representative John Smithee
Chair
House Judiciary & Civil Jurisprudence Committee
[email protected]
Dear Representative Smithee:
House Bill 562, House Bill 670 and House Bill 3698, all versions of “application of foreign law” bills, would
detrimentally impact Texas’s Jewish community, as well as other religious groups. On behalf of the Anti-Defamation
League (“ADL”), we therefore urge the Judiciary & Civil Jurisprudence Committee to oppose these bills.
Founded a century ago, ADL is the nation’s leading civil rights and human relations organization, combating antiSemitism and all forms of bigotry, as well as promoting understanding and diversity throughout the United States and
abroad.
These bills define foreign law so broadly, that they would certainly include religious law, including the laws of Judaism,
the Catholic Church, and other Christian groups in Texas. Furthermore, the bill’s application would detrimentally impact
Texas’ Jewish community, and similarly could have a detrimental impact or interfere with other faith groups.
For instance, the proposed legislation would most likely prohibit an observant Jewish couple in Texas from using a Jewish
rabbinical court, called a Bet Din tribunal, from legally dissolving their marriage. It also would most likely prohibit the
Texas courts from recognizing the validity of a legal divorce based on a Bet Din tribunal arbitration granted in another
state or Israel.
Bet Din tribunals follow the requirements of secular arbitration law, and arbitrate a range of disputes, including divorce.
Inherent to such divorce arbitration is the issuance of a Jewish divorce called a “Get.” And an observant Jewish person
cannot get remarried without obtaining both a civil divorce and a Get. Operating within constitutional parameters, there
are numerous cases from throughout the country where courts have summarily issued civil divorce decrees based on Bet
Din marital arbitration settlements, or incorporated such tribunals’ factual determinations into rulings.
In addition to the Jewish faith, other religious groups in our nation utilize religious tribunals as arbitrators. For instance
there are Christian religious panels such as the Peacemakers Ministries/Institute for Christian Conciliation functioning in a
similar manner to Bet Din tribunals. Such tribunals also may not afford the same fundamental or due process rights as the
Texas or U.S. Constitutions, including certain preferences for men. Therefore, these bills could raise similar issues
relating to arbitrations of martial dissolution or other issues conducted by such tribunals.
Although the detrimental impact of these bills is clear, the need for this legislation most certainly is not. There simply is
no documentation of unjust application of foreign law in Texas’s judicial system. The reason being is that there is longstanding legal precedent against enforcing foreign laws that violate public policy, and our state and federal constitutions
already prohibit excessive entanglement with religion or religious laws. Consequently, the measure is redundant and
unnecessary.
North Texas/Oklahoma
972.960.0342
ADL Texas Offices
Southwest
713.627.3490
Austin
512.249.7960
This position is corresponds to an American Bar Association Resolution and Report rejecting application of foreign law
legislation and constitutional amendments. The Report concluded:
Legislation that bars courts from considering foreign or international law or the entire body of law of a
particular religion impose unconstitutional burdens on various constitutional rights, threaten to impinge
American commercial interests, and are unnecessary additions to existing law. Accordingly, the American Bar
Association should oppose the enactment of such laws.
And the Resolution states:
That the American Bar Association opposes federal or state laws imposing blanket prohibitions on
consideration or use by courts or arbitral tribunals of foreign or international law.
That the American Bar Association opposes federal or state laws imposing blanket prohibitions on
consideration or use by courts or arbitral tribunals of the entire body of law or doctrine of a particular
religion. 1
Texas case law, and the Texas and U.S. Constitutions already prohibit fundamentally unfair or unconstitutional
application of foreign or religious law in our legal system. HB 562, HB 670 and HB 3698 are wholly unnecessary, but are
harmful to religious freedom. We therefore urge the Judiciary & Civil Jurisprudence Committee to reject these proposed
bills.
Very truly yours,
Cheryl R. Drazin
Jean & Jerry Moore, Southwest Area Civil Rights Counsel
cc:
Rep. Travis Clary
Rep. Jesssica Farrar
Rep. Ana Hernandez
Rep. Jodie Laubengerg
Rep. Richard Pena Raymond
Rep. Mike Schofield
Rep. Ken Sheets
Rep. Senfronia Thompson
[email protected]
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[email protected]
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1
The ABA resolution and report can be found at the following link http://www.americanbar.org/content/dam/aba/directories/policy/2011_am_113a.authcheckdam.pdf (last visited February 10, 2014).
North Texas/Oklahoma
972.960.0342
ADL Texas Offices
Southwest
713.627.3490
Austin
512.249.7960