Committee recommends SB 1018 despite counsel warning about singling out 'Sharia law'

A legislative rules committee voted to recommend Senate Bill 1018 as "constitutional and in proper form" despite counsel saying the measure, which explicitly names "Sharia law," raises constitutional concerns.

Tim Fleming, the committee’s rules attorney, told members the bill adds "Sharia law" to the definition of foreign law but that the broader existing definition already covers foreign laws. Fleming said the bill "specifically names a religious law that's central to various sects of the religion of Islam," and flagged possible Establishment Clause issues that would trigger strict scrutiny under cases the attorney described as applying a Larson test. He also cited potential conflicts with the Free Exercise Clause.

Fleming pointed to a 2010 Oklahoma constitutional amendment that barred courts from considering Sharia law; when that measure was challenged the Tenth Circuit applied strict scrutiny and found the amendment likely violated the Establishment Clause, Fleming said. He concluded the Arizona measure "might lead to reasoning that could cause it to be, potentially, suspect, constitutionally," and stated, "This bill is improper form, mister chairman, members."

A separate committee member who asked to explain their vote read an excerpt from the Tenth Circuit decision and said, "I doubt anyone here in this chamber can point to a single instance of an Arizona court applying Sharia law. Very strange proposal here in SB 1018 in a total waste of time. I vote no." The exchange was part of recorded debate before the roll call.

On the roll call the committee recorded five ayes and three nays. The members recorded as voting Aye were Representative Carbone, Speaker Motenacker, Representative Willoughby, Vice Chairman McCarter and Chairman Hendricks; Representatives Contreras, De Los Santos and Mathis were recorded as Nay. The committee's recommendation therefore moved forward despite counsel's advisement.

The committee did not adopt statutory text changes on the floor; Fleming offered to answer further questions and to provide additional legal detail if members requested it. The committee proceeded to other bills on its agenda after the vote.

The panel’s next action was to consider additional bills later in the meeting; no formal legislative floor action on SB 1018 was recorded in this transcript.