That would seem to be a side-effect of the new "We Don't Serve Your Kind Law" in Indiana. If the parties agree that Sharia law applies to their contract, because of their deeply-held religious disputes, then what would the state's interest be in insisting otherwise.
Hell, if the parties agree, for religious reasons, that they'll settle disputes by pistols at dawn...[1]
Indiana is, like damn near every other state, a "no-fault" divorce state. But if the other party tells the judge that he or she can't be divorced for religious reasons, does the new law strip the judge of the power to grant the divorce? The new law requires a "compelling interest" for the state to override somebody's religious beliefs.[2] What would be the state's compelling interest in granting a divorce. So the couple remains married and they hate each other, like that's not a common occurrence? Would there have to be domestic violence to provide the "compelling state interest"?
Or maybe you'll be able to stop paying interest on a loan, because interest is sinful. Remember, it was once Christian thought that charging interest was sinful (which is why the merchants who needed to float a loan went to the Jews.) So if you're a really traditional Christian and you live in Indiana, why don't you go down to your bank and tell them that, because of your deeply-held religious beliefs, you're going to stop paying interest on your mortgage? I'm sure they'll understand.[3]
Among the other terrible things about this idiotic law, which was enacted by the anacephalic state legislature, is that the law will require judges to inquire as to the nature and sincerity of a person's religious beliefs. Because you're not going to be able to say "my religious beliefs require me to break our deal" and just walk away, nosiree! You're going to have to go to court to assert your beliefs and then the other party gets to cross-examine you on your bigotry, in open court. And then the judge will decide if you're motivated by religion or if you're just an unmitigated asshole.
And then there will be appeals, which means that when your descendants do genealogical research, you'll be forever marked as a hateful asshole. Even if you win.
________________________________________
[1] The Church of Jeff Cooper, its adherents are known as "Bulletfarians".
[2] "Compelling interest" is legal shorthand for "government, you lose, sit down". It is a very high bar to jump over- somewhere between Dick Fosbury and Superman.
[3] Or they'll have a good laugh as they tell their legal department to write up the foreclosure papers.
Cat Pawtector!
2 hours ago
3 comments:
In other words, if you want the law to "protect" you, you have to give the government access to your most privately-held beliefs?
Your personal finances and the status of all your relationships would then become evidence in the case, no?
This law is crying out for Moorish-Americans (http://articles.baltimoresun.com/2013-11-04/news/bs-md-ci-moorish-american-20131103_1_murder-and-arson-moore-trials) to descend on the state. "Your honor, as a Moorish-American the house I'm squatting in belongs to me " The Daily Show will need to start a recurring feature on the implementation of this law.
Heh. Glad to know I wasn't seeing things when I looked at the part of the law prohibiting civil lawsuits against businesses if the business claimed religious exception and thought to myself, "Man, this basically means all contracts in Indiana are worthless." I presume you've looked at it even closer than I did (not to mention having far more legal training than mine, which is limited to a 1-semester contract law course in business school!).
-BT
Post a Comment