Montana House advances bill to prohibit courts from applying Sharia law

The Montana House of Representatives has advanced a legislation that would prohibit courts from applying Sharia law or other foreign laws in the state.

Senate Bill 97, introduced by Keith Regier (R-Kalispell), was passed by the House last week largely along party lines by a vote of 56–44, Daily Inter Lake reported.

The bill does not specifically mention Sharia, but it was often the focus of discussion during the debate. Democrats argued that the measure is motivated by fear and that it targets a specific religion.

"If you go back and listen to the testimony of the proponents of this bill in both the House and Senate, the legislative intent is crystal clear that it targets one religion," said Rep. Ellie Hill Smith (D-Missoula). "That this was a Shariah law bill. It's what every proponent had talked about," she added.

Rep. Shane Morigeau (D-Missoula) expressed his concern that the legislation would send a dangerous message to minority groups who are living in Montana as well as those who come to visit the state.

He also expressed concern that the measure could create problems for tribal governments in the state that have international agreements with tribal nations in Canada, including the Kootenai and Blackfeet tribes.

Proponents of the bill said that it was intended to protect the freedom of religion and that it simply reinforces the Montana and U.S. constitutions.

"As far as being determined xenophobic, that's an insult. I'm not intolerant. This is not anti-Muslim." said Rep. Brad Tschida (R-Missoula).

Smith, who said that testimony on the bill was "peppered with anti-Muslim bigotry," proposed an amendment that would ban both Sharia and the Law of Moses, but it was rejected by a vote of 82–18.

Theresa Manzella (R-Hamilton) maintained that the measure was not intended to be a religious law.

"We are born with rights and government exists to protect those rights. We're given those rights as individuals and that's what makes us better than other countries that are based on collective rights," she said.

Sharia, which utilizes religious texts to determine the divine will, is applied differently across the world. Saudi Arabia implements strict punishments such as stoning, while other countries use it in personal law such as marriage and divorce.