| Please call/email Del Manoli Loupassi and Del Jennifer McClellan and ask them to support the bill to outlaw foreign law in Domestic and Juvenile Relations courts, if such law would violate the Constitutional rights of Virginians. The bill is HB 631. It will be heard in their committees today - Monday! A useful argument in favor of the bill is that it will
prevent transnational jurisprudence from denying the Constitutional rights of the most vulnerable among us – immigrant women and children. Please refrain from mentioning any one specific system of law based on religion or country. Text: HOUSE BILL NO. 631 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on ________________) (Patron Prior to Substitute--Delegate Morris) A BILL to amend the Code of Virginia by adding in Title 20 a chapter numbered 10, consisting of sections numbered 20-166, 20-167, and 20-168, relating to the application of foreign law in Virginia courts. Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding in Title 20 a chapter numbered 10, consisting of sections numbered 20-166, 20-167, and 20-168, as follows: CHAPTER 10. APPLICATION OF FOREIGN LAWS. § 20-166. Definitions. For purposes of this chapter, unless the context requires otherwise: "Domestic relations" means any matter regarding the affirmance or annulment of a marriage, divorce, custody or visitation of a child, spousal or child support, control or disposition of a child, adoption under Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2, or any other domestic relations matter under Title 16.1 or 20. "Foreign law" means any law, legal code, or system established and used or applied in a jurisdiction outside of the states or territories of the United States. § 20-167. Application of foreign law by courts, etc. It shall be considered a violation of the public policy of the Commonwealth for a court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority in any domestic relations matter to base its ruling or decision in any matter at issue, in whole or in part, on any foreign law, including any ruling or decision to grant comity to any judgment, if the ruling or decision would violate a person's fundamental rights guaranteed by the United States Constitution or the Constitution of Virginia. Any ruling or decision that violates this subsection shall be void and unenforceable. § 20-168. Application of foreign law; exceptions. A. The provisions of this chapter shall not be construed to limit or restrict a person's right to the free exercise of religion guaranteed by the United States Constitution or the Constitution of Virginia. B. Except as otherwise provided in this chapter, the provisions of this chapter shall not apply to any church, synagogue, temple, mosque, religious sect or society, or denomination with respect to matters that are purely ecclesiastical in nature. C. The provisions of this chapter shall not be construed to conflict with any federal treaty or other international agreement to which the United States is a signatory to the extent that such treaty or other agreement controls over the law of the Commonwealth. A useful argument in favor of the bill is that it will
prevent transnational jurisprudence from denying the Constitutional rights of the most vulnerable among us – immigrant women and children. Please refrain from mentioning any one specific system of law based on religion or country. Text: HOUSE BILL NO. 631 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on ________________) (Patron Prior to Substitute--Delegate Morris) A BILL to amend the Code of Virginia by adding in Title 20 a chapter numbered 10, consisting of sections numbered 20-166, 20-167, and 20-168, relating to the application of foreign law in Virginia courts. Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding in Title 20 a chapter numbered 10, consisting of sections numbered 20-166, 20-167, and 20-168, as follows: CHAPTER 10. APPLICATION OF FOREIGN LAWS. § 20-166. Definitions. For purposes of this chapter, unless the context requires otherwise: "Domestic relations" means any matter regarding the affirmance or annulment of a marriage, divorce, custody or visitation of a child, spousal or child support, control or disposition of a child, adoption under Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2, or any other domestic relations matter under Title 16.1 or 20. "Foreign law" means any law, legal code, or system established and used or applied in a jurisdiction outside of the states or territories of the United States. § 20-167. Application of foreign law by courts, etc. It shall be considered a violation of the public policy of the Commonwealth for a court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority in any domestic relations matter to base its ruling or decision in any matter at issue, in whole or in part, on any foreign law, including any ruling or decision to grant comity to any judgment, if the ruling or decision would violate a person's fundamental rights guaranteed by the United States Constitution or the Constitution of Virginia. Any ruling or decision that violates this subsection shall be void and unenforceable. § 20-168. Application of foreign law; exceptions. A. The provisions of this chapter shall not be construed to limit or restrict a person's right to the free exercise of religion guaranteed by the United States Constitution or the Constitution of Virginia. B. Except as otherwise provided in this chapter, the provisions of this chapter shall not apply to any church, synagogue, temple, mosque, religious sect or society, or denomination with respect to matters that are purely ecclesiastical in nature. C. The provisions of this chapter shall not be construed to conflict with any federal treaty or other international agreement to which the United States is a signatory to the extent that such treaty or other agreement controls over the law of the Commonwealth. |
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