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
Date | Action |
---|---|
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
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.
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.