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