Indiana lawmaker seeks to address Sharia law concerns

An Indiana lawmaker says he wants to address constituent concerns that judges could use Sharia law, or Islamic religious law, as a legal standard in civil cases.

Sen. Travis Holdman, R-Markle, has proposed Senate Bill 16, which would prohibit judges from using foreign law to impose a restriction that would violate a person's constitutional rights.

Similar legislation already has been enacted in nine states. While the measures have gained traction out of fears about Islamic law, the recent iterations do not explicitly single out Muslims in order to avoid constitutional challenges, some experts say.

Holdman's bill, for instance, centers on denying the "application of foreign law," but does not mention Sharia or lslamic law. Holdman, however, was clear about the motivation behind the legislation.

"As constituents have raised concerns with me, they are concerned about such things as Sharia law being used as a legal standard in our courts," Holdman told IndyStar.

Some experts have cautioned about the unintentional consequences of such measures, and critics have said such laws are sparked by Islamophobia.

In another twist, an Indiana gay and lesbian advocacy group has raised alarm bells about the possibility that the measure could open the door for more discrimination against LGBT Hoosiers.

David Orentlicher, a constitutional law professor at the Indiana University Robert H. McKinney School of Law in Indianapolis, said the bill isn't needed because courts already protect fundamental constitutional rights. Further, he said, the law could impact foreign proceedings that are usually recognized here,  such as foreign marriages and divorces.

"It doesn't solve an existing problem, and creates a new problem," Orentlicher said.

A 2013 report from the Center for American Progress noted that foreign law bans were gaining traction in legislatures across the country. The report said the bills attacked "a problem that doesn't exist" and provoked anti-Muslim sentiment.

Proponents of such bills across the country have referenced a 2009 case in New Jersey in which a judge did not grant a protective order to a woman who was abused, finding that her husband was adhering to his Muslim beliefs. However, that decision was reversed on appeal and decried by legal scholars.

While the Indiana proposal would prohibit judges from applying foreign law if the law violates constitutional rights, it also says judges shouldn't interpret the law to mean they should try to adjudicate "ecclesiastical matters" if such intervention from the court would violate the First Amendment right to freedom of religion.

This portion of the bill drew concern Friday from Freedom Indiana, an organization that advocates for LGBT rights in Indiana. Chris Paulsen, director of Freedom Indiana, said she is concerned that the bill could "open a can of worms."

Freedom Indiana on Friday sent out a plea to supporters about the bill, citing concern that the broad language of the bill could allow a religious organization to violate local nondiscrimination laws.

She said she intends to speak with Holdman, the bill's author. Holdman told IndyStar the bill "doesn’t have anything to do with religious freedom.”

The bill has been assigned to the Senate Judiciary Committee. A similar bill was proposed last year, but did not gain traction.

State Sen. Rodric Bray, chair of the Judiciary Committee, said he has not yet decided if the bill will get a hearing.

IndyStar reporter Chelsea Schneider contributed to this story.

Call IndyStar reporter Madeline Buckley at (317) 444-6083. Follow her on Twitter: @Mabuckley88.