The Constitution Comes First in Florida Courts:  No Sharia here

Newsweek reported, “DeSantis signs Sharia law ban: What it means for Florida courts.” It means the latest progressive mole —sneaking Sharia into Florida law— just got whacked.

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CLIP: Governor DeSantis press conference explaining new anti-Sharia law (37:36).

Florida Governor Ron DeSantis signed a new law widely described as a Sharia law ban, but it’s really broader than that. HB 1471 has two main prongs. The first one prevents Florida courts from applying or enforcing any foreign or religious law —including, but not limited to, Sharia— when doing so would violate state or federal constitutional rights.

You might wonder what Florida court would enforce Sharia law? But increasingly, goofy liberal judges are considering Sharia in the context of divorce cases, such as automatically awarding custody to fathers and denying women inheritance rights. Equity! Diversity! Inclusion! By drafting the law in a broad, neutral way —not specifically targeting Sharia law— Florida avoided creating First Amendment issues that would have made easy targets for the inevitable lawsuits.

Lt. Governor Jay Collins (a retired Green Beret) called Sharia “a political code incompatible with the US Constitution.” Governor DeSantis explained: “To uphold the rule of law, our state must operate under one legal system, the Constitution must remain the law of the land.” He added, “We’ll do millions for public safety, millions for education, but never one red cent for jihad.”

The new law’s second part included anti-terrorism provisions. In December, Governor DeSantis signed an executive order declaring the Muslim Brotherhood and CAIR were terrorist organizations. The “anti-hate” Southern Poverty Law Center represented the muslim groups, and last month, a federal court blocked DeSantis’s executive order.

HB 1471 is the legislative belt-and-suspenders. It fixes the problems found by the federal court. The FDLE’s Chief of Domestic Security may now recommend designating domestic terrorist organizations, and Florida can also recognize similar federal designations. It creates new criminal penalties for supporting terrorist groups. Best of all, no taxpayer funds can be used to support or promote designated terrorist organizations. Finally, Florida students who promote terrorist violence can face disciplinary action.

CAIR immediately issued a statement calling the new law “draconian,” said it was a “power grab to create a police state,” and “warned it threatens free speech, religious freedom and due process,” Newsweek said.

This is a sovereignty bill. The message is simple: Florida operates under one legal system— the US Constitution and Florida law. Not French law, Saudi law, ecclesiastical law, or Sharia. In Florida courts, you get Florida justice. It’s not anti-anyone; it’s pro-Constitution.

Jeff Childers

Jeff Childers is the president and founder of the Childers Law firm. Jeff interned at the Federal Bankruptcy Court in Orlando, where he helped write several widely-cited opinions. He then worked as an associate with the prestigious firm of Winderweedle, Haines, Ward & Woodman in Orlando and Winter Park, Florida before moving back to Gainesville and founding Childers Law. Jeff served for three years on the Board of Directors of the Central Florida Bankruptcy Law Association. He has also served on the Board of Directors of the Eighth Judicial Bar Association, and on the Rules Committee for the Northern District of Florida Bankruptcy Court. Jeff has published several articles as co-author with Professor William Page of the Levin College of Law (University of Florida) on the topic of anti-trust in the Microsoft case. He also is the author of an article on the topic of Product Liability in the Software Context. Jeff focuses his area of practice on commercial litigation, elections law, and constitutional issues. He is a skilled trial litigator and appellate advocate. http://www.coffeeandcovid.com/

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