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look to Texas for the way things ought to be


little2add

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little2add

This time the Texas Legislature has passed a law permanently barring Muslims from trying to institute their own sharia-based savagery on their own communities in the Lone Star State.

This radical group of Muslims is not pleased with the Mayor of Irving, Texas after she put the end to America’s first “Sharia Court.” Mayor Beth Van Duyne has accused mosque leaders of creating separate laws for Muslims, which is why the city voted to stop these supposedly “voluntary” tribunals from operating.

http://conservativepost.com/texas-passes-law-permanently-banning-muslim-sharia-laws/

 

 

 
rr?ai=f41bbadb-2eaf-4d3a-9ab1-c85ce174b9
ri?ai=f41bbadb-2eaf-4d3a-9ab1-c85ce174b9In a very close 5-4 vote, the city of Irving ruled to back the Texas state bill banning foreign law from the state. The bill doesn’t mention Sharia or any religion, but it’s a huge defeat for Sharia supporters, as such courts are in violation of the U.S. Constitution.http://conservativepost.com/texas-passes-law-permanently-banning-muslim-sharia-laws/The Texas Senate last night passed and sent to Governor Greg Abbott a measure that would prevent any ‘international/sharia law’ from being used in Texas civil courts, a bill that Muslim detractors and some of their far left allies say is ‘Islamophobic.’
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And the next step will be to do the same to the Catholic Church's court system. How can they discriminate against one religious court and not another? 

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????  There are tribunals or courts, which mostly deal with marriage issues but not only marriage issues.  Are you suggesting that all the diocesan tribunals be deemed unconstitutional? The Catholic Church has a whole body of law, including the 1983 Code of Canon Law, and canon lawyers, and Church courts (aka tribunals)....

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little2add

No, it's not the same thing

Catholic diocesan tribunals have  no authority in civil court matters 

Edited by little2add
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?????

 

Superior Court Judge " Chalfant ruled that church law governs the sale of the convent, not civil law. He ordered Hollister to remove any armed guards from the property and set a hearing for 15 September on whether she will be able to retain possession of the convent.

Archdiocese lawyers want Hollister removed and said Thursday that Perry has agreed to pay rent on the convent while the case is litigated.

A lawyer for the sisters argued it was unfair to use canon law to decide the issue because civil laws should govern the sale."

https://www.theguardian.com/music/2015/jul/30/katy-perry-convent-sale-invalid

Definitely a case of civil law recognizing the effects of canon law.  There are many others and also examples from other traditions, but property law popped to mind as the most obvious so that is what I looked up.

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little2add

the sale of tax-exempt property is not really relevant here.  

????

They sold something that did not belong to them. In most places that is Fraud, but when dealing with California, you just never know.

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LOL LOL LOL I know a lot of people who would consider canon law a form of foreign law. I am a canon lawyer myself. The original issue you brought up was whether "foreign law" can be recognized in American civil law. In the world of *reality*, there are many instances in the US where civil law recognizes the effects of religious law. You can't say somehow that it doesn't count when it is property law. This is still an example of civil law recognizing Roman Catholic canon law. Period. If civil law did not recognize religious law (even enough to not interfere in the internal functioning of religious organizations), no religion could exist in a secular world. Tribunals render judgments and for the most part civil authorities recognizes this. Like my marriage license was issued by civil authority and signed by a Roman Catholic priest. But a priest, even though he can sign a civil marriage license, is not going to be forced (at least not yet) to sign a civil marriage license for a person who is remarrying without a declaration of nullity.  This is because the civil law recognizes many decisions made by churches (and their courts) about their own internal functioning while still allowing them to engage in actions with civil effects. But someone like Kim Davis, who works in a civil sphere does not have the right to refuse to issue marriage licenses.  Maybe someone will decide it's savagery for the Catholic Church to forbid people to (re)marry after a civil divorce and override the Church's law (heck canon law isn't recognized in civil law anyway according to you) including the one requiring an annulment from a Church court. Do you really think this is so farfetched?  Gosh, and now it is time to return to the real world for me...

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CatherineM
8 hours ago, little2add said:

Where did you get your law degree?

University of Oklahoma. 

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On July 4, 2016 at 9:18 AM, CatherineM said:

University of Oklahoma. 

He was asking iamnormal. I don't think secular law schools issue degrees in canon law, although I'm curious if Catholic schools do both. Regardless, iamnormal is right that canon law has implications as to the ownership of church property. For instance, who owns a parish? The parishioners? The diocese as an entity? The bishop? The Pope? What if the Pope and a Bishop disagree about a parish? Canon law decides who is right (not necessarily the pope)  

 

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White Knight
On 7/4/2016 at 8:18 AM, CatherineM said:

University of Oklahoma. 

Hahah Great! :like2:

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little2add
On July 4, 2016 at 9:18 AM, CatherineM said:

University of Oklahoma. 

Isn't this sharia law court - business a very different thing?   Apples and oranges ?   

If they are the same, how?  Could your explain the similarities 

Edited by little2add
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CatherineM

The only university in Canada that issues canon law degrees is St. Paul's in Ottawa. I'm thinking about taking a jcl after my mts. 

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