Application of foreign law; court decisions will be void as violation of public policy of State. (HB825)

Introduced By

Del. Bob Marshall (R-Manassas)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Application of foreign laws.  Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law. Read the Bill »

Outcome

Bill Has Failed

History

  • 01/11/2012 Committee
  • 01/11/2012 Prefiled and ordered printed; offered 01/11/12 12102796D
  • 01/11/2012 Referred to Committee for Courts of Justice
  • 01/17/2012 Assigned Courts sub: #2 Civil
  • 01/30/2012 Subcommittee recommends reporting (7-Y 1-N)
  • 02/03/2012 Reported from Courts of Justice (10-Y 6-N) (see vote tally)
  • 02/07/2012 Read first time
  • 02/08/2012 Passed by for the day
  • 02/09/2012 Read second time
  • 02/09/2012 Motion to rerefer to committee agreed to
  • 02/09/2012 Rereferred to Courts of Justice
  • 02/10/2012 Subcommittee recommends continuing to 2013
  • 02/10/2012 Continued to 2013 in Courts of Justice

Comments

Charles Swadley writes:

This bill is vigorously opposed in the interfaith community. Strong testimony from the business community, the legal community, and the faith community focused on the unintended consequences and the unnecessary need for this legislation. There has been no clear explanation of why this bill was created. What need has caused the necessity of this bill? International companies may easily find that there is "risk" to come to Virginia with this law in effect. It is unclear how this would impact marriages, adoptions, and other domestic matters for people coming to the US.

Rev. Dr. Clark Lobenstine writes:

If enacted this bill could constrain religious groups and individuals from executing valid wills, asserting religious liberty claims and enjoying equal access to the state judicial system. It is an unnecessary measure since our federal and state constitutions already offer ample protections against the application of foreign law.