Bill Text: GA SR926 | 2011-2012 | Regular Session | Introduced

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Bill Title: Constitution; describe foreign and religious laws incompatible with laws and policy of the United States and State of Georgia -CA

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2012-02-17 - Senate Read and Referred [SR926 Detail]

Download: Georgia-2011-SR926-Introduced.html

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12 LC 21 1573ER

Senate Resolution 926

By: Senators McKoon of the 29th, Shafer of the 48th, Wilkinson of the 50th, Unterman of the 45th, Hill of the 32nd and others

A RESOLUTION

Proposing an amendment to the Constitution so as to describe foreign and religious laws which are incompatible with the laws and policy of the United States and the State of Georgia; to provide for ways in which incompatible laws may not be applied or enforced; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article I of the Constitution is amended by adding a new section to read as follows:

"SECTION V.
PROHIBITION AGAINST FOREIGN LAWS

Paragraph I. Prohibition of laws incompatible with the United States Constitution and this Constitution. (a) The State of Georgia, its political subdivisions, and any adjudicative bodies, including courts, judges, magistrates, arbitrators, mediators, city councils, and administrative bodies, shall not recognize or enforce any foreign law, religious law, custom, or practice that is contrary to or incompatible with the United States Constitution and the laws, rules, and regulations promulgated pursuant thereto; the Constitution of Georgia and the laws, rules, and regulations promulgated pursuant thereto; or the common law as recognized in the State of Georgia.

(b) Foreign laws prohibited in this section include any law, rule, or regulation of jurisdictions outside any state or territory of the United States which does not provide the same or equivalent individual rights and liberties guaranteed under the United States Constitution and the Constitution of Georgia.

(c) Religious laws, customs, or practices prohibited in this section include any law, rule, or regulation constituting, implementing, or enforcing by civil authorities of this state a religious system, belief, code, or ethnic or tribal custom or practice.

(d) Prohibited laws, customs, and practices, from whatever source they arise, include, but are not limited to, those which permit, enforce, or implement any of the following:

(1) Prejudicial treatment of women or persons of a particular race, religion, ethnicity, social class, or caste before the law;

(2) Prohibition of the right to leave, change, or renounce one's religion or belief;

(3) Prohibition of otherwise protected speech or assembly;

(4) Plural marriages;

(5) Marriages of convenience or contracts for sexual services;

(6) Forced or underage marriages;

(7) Violence against women and children, excluding reasonable parental discipline of children;

(8) Politically or religiously motivated physical violence or homicide:

(9) Cruel and unusual punishments as prohibited by the Eighth Amendment to the United States Constitution, including, but not limited to, punishments such as amputation, lashing, flogging, stoning, branding, or piercing;

(10) Female genital mutilation; or

(11) Human sacrifice.

Paragraph II. Ways in which incompatible laws may not be applied or enforced. (a)  The courts, judges, magistrates, arbitrators, mediators, administrative agencies, or other adjudicative entities of this state shall not enforce contractual provisions or agreements that provide for the choice of law described in Paragraph I of this section to govern their interpretation, performance, or implementation, or to resolve any claim or dispute. This reflects the strong public policy of this state.

(b) The courts, judges, magistrates, arbitrators, mediators, administrative agencies, or other adjudicative entities of this state shall not recognize or enforce a decision rendered by any foreign court, administrative agency, arbitrator, mediator, or other adjudicative entity if that decision was governed by or applied laws described in Paragraph I of this section. This reflects the strong public policy of this state.

(c) The courts, judges, magistrates, arbitrators, mediators, administrative agencies, or other adjudicative entities of this state shall not enforce contractual provisions or agreements that provide for forums in which courts, judges, magistrates, arbitrators, mediators, or other adjudicative entities are governed by or apply laws described in Paragraph I of this section. This is the strong public policy of this state.

(d) The courts, judges, magistrates, arbitrators, mediators, administrative agencies, or other adjudicative entities of this state shall not grant a claim of forum non conveniens or a related claim in any litigation, arbitration, mediation, or any similar proceeding if the alternative forum is governed by or applies laws described in Paragraph I of this section. This is the strong public policy of this state.

(e) The courts, judges, magistrates, arbitrators, mediators, administrative agencies, or other adjudicative entities of this state shall not recognize or enforce any other motion, petition, or similar request for relief that violates this section. This is the strong public policy of this state."

SECTION 2

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"(  )  YES (  )  NO

Shall the Constitution of Georgia be amended so as to provide for the prohibition of laws incompatible with the United States Constitution and the Constitution of Georgia and provide ways in which such laws may not be applied?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.