ACTION ALERT 3 VA HB825
Please email this morning and today the letter in green font between the 2 lines below to these Delegates (Please put you Name and Address in the email)
Delegates:
1) Speaker William J. Howell (804) 698-1028 delwhowell@house.virginia.gov
2) Delegate David B. Albo (804)698-1042 DelDAlbo@house.virginia.gov
3) Delegate Robert Marshall (804) 698-1013 DelBMarshall@house.virginia.
4) Your specific Delegate you can find them by putting your Street Address here: http://conview.state.va.us/
5) Please Call and email as many of the Delegates listed below and you can copy and paste the list of delegates and send them all this message
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Please email this morning and today the letter in green font between the 2 lines below to these Delegates (Please put you Name and Address in the email)
Delegates:
1) Speaker William J. Howell (804) 698-1028 delwhowell@house.virginia.gov
2) Delegate David B. Albo (804)698-1042 DelDAlbo@house.virginia.gov
3) Delegate Robert Marshall (804) 698-1013 DelBMarshall@house.virginia.
4) Your specific Delegate you can find them by putting your Street Address here: http://conview.state.va.us/
5) Please Call and email as many of the Delegates listed below and you can copy and paste the list of delegates and send them all this message
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My family and I have lived in Virginia for many years, and have always taken strong interest in our civic process.
I am very concerned about House Bill 825 now being read. The sponsor of this Bill, Honorable Delegate Robert Marshall, has told several constituents the following:
my bill(HB825) has an exemption at the end which states, "except to the extent that the United States Constitution or Constitution of Virginia or any federal or state law requires or authorizes the consideration of such foreign law". This exemption excludes both contract law and religious freedom from the legislation because both are covered under the Constitution. However, an amendment will be added to the bill to specifically exempt commercial contract law from the bill today on the floor of the House just to clarify that issue. The religious freedom issue does not need to be spelled out in this way because it is clearly exempted under both the U.S. and Virginia Constitutions.
I am happy Delegate Marshall has changed his position and now agrees with the Northern VA Technology Council,
the VA Chamber of Commerce and many other business groups and individuals on the need to clarify the provisions so as to avoid hurting U.S. companies’ international competitiveness.
the VA Chamber of Commerce and many other business groups and individuals on the need to clarify the provisions so as to avoid hurting U.S. companies’ international competitiveness.
I believe just like the Delegate Marshall's new Business exception, a Religious Freedom Exception needs to be spelled out and we ask you to join the many Jewish, Christian, Islamic, and Faith other groups in supporting Religious Freedom. To be consistent this Bill should also clarify those religious freedom aspects, to avoid tarnishing Virginia’s cherished two-century-old legacy of religious tolerance.
I therefore ask you to propose additional amendments like the following:
Insert, after line 26, the following sub-sections:
“C. The provisions of this chapter shall not be construed to limit or restrict a person’s right to the free exercise of religion guaranteed by the United States Constitution or the Constitution of Virginia.
D. Except as stated in this chapter, these provisions shall not apply to any church, synagogue, temple, mosque, religious sect or society, or denomination with respect to matters that are purely ecclesiastical in nature.
Thank you for your cooperation. May God bless you, the Virginia House of Delegates, and all Americans as we seek to keep the United States as the shining light and beacon of freedom for every corner of the earth!
Email Text Below & PDF Attached
VA HB 825 could Potentially infringe on Religious Freedom and Business Community
Please Email and Call Today and Friday.
1. Please be Polite and Professional - AND Please Read Attached Background Document first
2. Please Call and Email your VA Assembly Delegate and Members of the House Committee for Courts of Justice(list below)
- Below the list is a consolidated email list comma separated to paste into your email to send and you can use the text below to create your own new Email - Please do NOT just forward this email. Please create a fresh new email
using text below. Please put your name and address so they know you are a constituent
3. Let them know you are a Citizen and a voter, and you respect the U.S. Constitution and the Constitution of Virginia
4. Politely ask why the Virginia House will hold a hearing to discuss a Bill, HB 825, that could negatively impact
Religious Freedom and the Business Community
5. Please tell them you know the American Jewish Committee (AJC) and Anti-Defamation League (ADL) have sent letters opposing HB825 because it infringes on Religious Freedom and the American Business Community
5. Please tell them you know the American Jewish Committee (AJC) and Anti-Defamation League (ADL) have sent letters opposing HB825 because it infringes on Religious Freedom and the American Business Community
6. Request they join the Interfaith Community in opposing HB 825, or to amend the Bill to protect the free exercise
of religion guaranteed by the United and the Virginia Constitutions, which protects the free observance and practice of any religion that is not contrary to rights guaranteed by the U.S. or Virginia Constitutions.
7. Note the importance of protecting Freedom of Religious practices for all Virginians - Jewish, Muslims, Catholics, Protestants, Mormons, Orthodox, Sikhs, Hindus, Jains, Buddhists, Bahais, Zoroastrians, and People of all other Faiths
7. Note the importance of protecting Freedom of Religious practices for all Virginians - Jewish, Muslims, Catholics, Protestants, Mormons, Orthodox, Sikhs, Hindus, Jains, Buddhists, Bahais, Zoroastrians, and People of all other Faiths
8. And ask them to take no action that could harm the American Business Community
Find your specific Delegates and State Senators by Street Address here: http://conview.state.va.us/
Some Northern Virginia Delegates
- Delegate David B. Albo (R-42nd District) (804)698-1042
email: DelDAlbo@house.virginia.gov
- Delegate Robert Marshall (R-13th District) (804) 698-1013
email: DelBMarshall@house.virginia.
- Delegate Tom Rust (R - 86th District) (804) 698-1086
email: DelTRust@house.state.va.us
- Delegate Tag Greason (R - 32nd District) (804)698-1032
email: DelTGreason@house.virginia.gov
- Delegate David Ramadan (R-87th District) (804)698-1087
email: DelDRamadan@house.virginia.gov
- Delegate Barbara Comstock (R-34th District) (804)698-1034
email: DelBComstock@house.virginia.
- Delegate Joe May (R - 33rd District) (804)698-1033
email: DelJMay@house.virginia.gov
- Delegate David L. Bulova (D - 37th District) (804)698-1037
email: DelDBulova@house.virginia.gov
- Delegate Mark Keam(D-35th District) (804)698-1035
email: DelMKeam@house.virginia.gov
- Delegate Kenneth Plum (D-36th District) (804)698-1036
email: delkplum@house.virginia.gov
- Delegate James LeMunyon (R-67th District) (804)698-1067
email: DelJLeMunyon@house.virginia.
email: DelBMarshall@house.virginia.
- Delegate Tom Rust (R - 86th District) (804) 698-1086
email: DelTRust@house.state.va.us
- Delegate Tag Greason (R - 32nd District) (804)698-1032
email: DelTGreason@house.virginia.gov
- Delegate David Ramadan (R-87th District) (804)698-1087
email: DelDRamadan@house.virginia.gov
- Delegate Barbara Comstock (R-34th District) (804)698-1034
email: DelBComstock@house.virginia.
- Delegate Joe May (R - 33rd District) (804)698-1033
email: DelJMay@house.virginia.gov
- Delegate David L. Bulova (D - 37th District) (804)698-1037
email: DelDBulova@house.virginia.gov
- Delegate Mark Keam(D-35th District) (804)698-1035
email: DelMKeam@house.virginia.gov
- Delegate Kenneth Plum (D-36th District) (804)698-1036
email: delkplum@house.virginia.gov
- Delegate James LeMunyon (R-67th District) (804)698-1067
email: DelJLeMunyon@house.virginia.
Prince William County Delegates:
- Delegate Scott Lingamfelter (R- 31st District) Phone: (804) 698-1031 /
email DelSLingamfelter@house.
email DelSLingamfelter@house.
- Delegate Bob Marshall (R 13th District) Phone: (804) 698-1013 /
email DelBMarshall@house.virginia.
email DelBMarshall@house.virginia.
- Delegate Rich Anderson (R 51st District) Phone: (804) 698-1051 /
email DelRAnderson@house.virginia.
email DelRAnderson@house.virginia.
- Delegate Luke Torian (D 52nd District) Phone: (804) 698-1052 /
email DelLTorian@house.
email DelLTorian@house.
- Delegate Jackson Miller (R 50th District) Phone: (804) 698-1050 /
email DelJMiller@house.virginia.gov
email DelJMiller@house.virginia.gov
House Courts of Justice Committee Members
- Delegate Charniele L. Herring (D-District 39): (804) 698-1046
email: DelCHerring@house.virginia.gov
- Delegate Randall Minchew (R-District 10) (703) 777-1570
email: DelRMinchew@house.virginia.gov
email: DelCHerring@house.virginia.gov
- Delegate Randall Minchew (R-District 10) (703) 777-1570
email: DelRMinchew@house.virginia.gov
- Delegate Ronald A. Villanueva (R-District 21) (804) 698-1021
email DelRVillanueva@house.virginia.
email DelRVillanueva@house.virginia.
Background on HB825
HB 825 could Potentially infringe on Religious Freedom and Business Community
DelDAlbo@house.virginia.gov, DelRMinchew@house.virginia.gov
A Bill recently introduced into the House of Delegates (HB 825 - “Application of foreign laws”)has raised some concerns in the religious and business community. This appears to be part of a national state-by-state campaign against citing “foreign laws” in U.S. courts – which has been recognized as a veiled attack on Religious Freedom in general, and which can also have ominous unintended consequences for American companies doing business internationally. We all respect the US & VA Constitution and we also want to protect Religious Freedom and Business Community Interests.
HB825 - (Text on Page 4)
FYI Similar Bill HB631 was put on hold till 2013
http://leg1.state.va.us/cgi-
http://leg1.state.va.us/cgi-
http://leg1.state.va.us/cgi-
http://leg1.state.va.us/cgi-
The House Committee for Courts of Justice Subcommittee #2 Civil has passed that bill, introduced by the Honorable Delegate Robert Marshall. Although at the Subcommittee hearing, Delegate Marshall averred that the Bill would protect all citizens of Virginia, the Members apparently did not consider how these proposed bills could negatively impact international business and trade and Religious Freedom.
The American Jewish Committee(AJC) has already sent a letter to the members of the Committee, noting the following: “(T)he bill before you asserts that only Virginia law may govern such transactions.....even though ...Virginia may have only the most tenuous of connections to the interests of other nations. Applying substantive Virginia law to such matters, without regard to the interests of other nations, will intrude on the sovereignty of other nations who will find that transactions or torts committed within their boundaries are adjudicated under a law completely alien to it. (There is) no justification for such an aggressive intrusion into the affairs of other nations."
There is no doubt that our international competitors will use this to the damage the business reputation and reliability of all American companies, and could open the door for legal challenges even by companies with no ties to Virginia. My 30+ years experience in international business, in the private sector and as a senior U.S. Commercial Service Diplomat, tells me this Bill can and will cause substantial problems for American companies globally.
The AJC goes on to address its concerns about religious freedom, noting, "We are confirmed that this Bill has nothing to do with religious liberty by the Subcommittee's refusal to adopt language...allowing religious tribunals to decide disputes under law.....Ensuring these rights is especially important to the Jewish community which regularly utilizes ...religious tribunals in the domestic relations context and other conflicts."
As another national organization reported, ”(T)his bill is likely…to cause problems...(with) enforcement of divorce/custody agreements that rely on religious law; validity of foreign marriages, divorces, and adoptions; validity of wills that rely on religious laws regarding dispersal of assets or disposition of remains. Additionally, the bill might prevent courts from enforcing resolutions to internal church disputes that are reached according to religious doctrines, such as canon law. "
We are also concerned that this bill is too closely related to efforts by the anti-Islam and anti-minority group Society of Americans for National Existence (SANE), which has proposed making "adherence to Islam" a crime punishable by 20 years in prison, called for the immediate deportation of all non-citizen Muslims, and urged Congress to declare war on the "Muslim Nation" (which SANE defined as "all Muslims"). This is clearly a group with a strong private agenda. The Anti-Defamation League (ADL) itself has noted SANE’s founder's as having a "record of anti-Muslim, anti-immigrant and anti-black bigotry" and the New York Jewish Week newspaper reported that he "condemns democracy in the USA and, in comments that evoke classical anti-Semitic stereotypes.'" (See ADL information on the Bill and Anti-Muslim efforts http://www.adl.org/main_
See actual bill template from this Anti-Muslim group here: http://publicpolicyalliance.
The Anti-Defamation League (ADL) said “The proposed language is similar to bills filed in other states and is a part of national trend that is nothing more than an unnecessary response to unfounded fears. The United States and the Commonwealth of Virginia Constitutions already prohibit courts from using or applying religious law in anyway that would result in government advance, endorsement, or entanglement with religion. In addition, different groups in the United States regularly use religious-based arbitrators to resolve all kinds of disputes. This proposed legislation would jeopardize those decisions and restrict the use of this process for many Americans. It is a potential infringement on religious freedom of all Virginians and could very well violate the constitutional rights of those in many Religious communities.”
These bills are therefore a solution without a problem. The separation of church and state embodied in U.S. and state constitutions already prohibits our courts from applying or considering religious law in any way that would constitute government advancement of or entanglement with religious law. In addition, there is simply no evidence that any faith groups do not respect the Law of the Land, either the U.S. Constitution or State Laws like the Virginia Constitution, or that Virginia courts have ever been (or will ever be) “influenced by foreign law”.
This Bill can also potentially impair the free religious practices of Jews, Muslims, Catholics, Protestants, Mormons, Orthodox, Sikhs, Hindus, Jains, Buddhists, Bahais, Zoroastrians, and People of all other Faiths, as guaranteed by the US and the Virginia Constitutions, by making it harder for Virginians of all faith traditions to settle personal and civil legal matters.
There is also no evidence that any of these or other faiths do not respect the Law of the Land, whether the U.S. Constitution or State Laws like the Virginia Constitution. Islamic teachings in fact require Muslims to respect the laws of the land where they live. In fact, it is a key tenet of Islam that no one should impose their faith or beliefs on another person, and all Muslims are enjoined to believe that there is no compulsion in Faith. Islamic Law key objectives are Protection of Human Life, Freedom of Religion, Protection of Intellect, Protection of Children, and Protection of Property. We reaffirm Islam’s absolute condemnation of terrorism , religious extremism, and the use of violence against innocent lives. The U.S. Court of Appeals for the Tenth Circuit recently upheld a lower court's decision to block an Oklahoma state constitutional amendment designed to accomplish the same apparent goal of this Virginia bill.
We hope we can count on your support to ensure Virginia remains a worldwide beacon of religious tolerance, and that any legislation dampening that legacy is never part of our Virginia legal system.
HOUSE BILL NO. 825
Offered January 11, 2012
Prefiled January 11, 2012
A BILL to amend the Code of Virginia by adding in Title 8.01 a chapter numbered 17.4, consisting of a section numbered 8.01-465.26, relating to the application of foreign law in Virginia courts.
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Patrons-- Marshall, R.G. and Morris
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 8.01 a chapter numbered 17.4, consisting of a section numbered 8.01-465.26, as follows:
CHAPTER 17.4.
APPLICATION OF FOREIGN LAWS.
§ 8.01-465.26. Application of foreign laws.
A. For purposes of this chapter, unless the context requires a different meaning:
"Foreign law" means any constitution, law, legal code, or legal system that is established outside the jurisdiction of the United States, the District of Columbia, or the states or territories of the United States.
B. No justice, judge, or other judicial officer of any court of the Commonwealth shall decide any issue in a case or action before that court, and no judge, hearing officer, or other official of any administrative agency, department, or commission shall decide any issue in any adjudication, rule-making, or other administrative proceeding before that agency, department, or commission, in whole or in part based on the authority of foreign law except to the extent that the United States Constitution or Constitution of Virginia or any federal or state law requires or authorizes the consideration of such foreign law.
PEACE
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