Arizona’s Proposed Constitutional Amendment to Prohibit Laws of “Other Cultures”
I’ve been restrained in criticizing state laws that purport to ban the use of international or foreign law in state courts, as in Oklahoma and now one proposed in Arizona. I think they are largely harmless, and probably constitutional. But I am still struck by the unusual and even strange wrinkle in the Arizona proposal.
1. Requires courts, when making judicial decisions, to uphold and adhere to the laws of the U.S. Constitution, Arizona Constitution, U.S. Code, Federal regulations, established common law, Arizona laws and rules and if necessary, the laws of another state within the U.S. provided the laws in the other state do not include international law.
2. Prohibits Arizona courts from considering international law or legal precepts of other nations or cultures when making judicial decisions.
Emphasis added. The use of the word “cultures” is puzzling, and perhaps redundant. I don’t know if there is a constitutional or legal problem with it, but its meaning is mysterious to me.