*Should Muslims Have Different Laws Than Non-Muslims? *A New Jersey
trial court said yes, in a domestic violence case, but was reversed on
appeal
<https://docs.google.com/viewer?url=http%3A%2F%2Fwww.judiciary.state.nj.us%2Fopinions%2Fa6107-08.pdf>.
Defendant's conduct in engaging in nonconsensual sexual intercourse
was unquestionably knowing, regardless of his view that his religion
permitted him to act as he did.
As the judge recognized, the case thus presents a conflict between
the criminal law and religious precepts. In resolving this
conflict, the judge determined to except defendant from the
operation of the State's statutes as the result of his religious
beliefs. In doing so, the judge was mistaken.
So mistaken, in my opinion, that the judge should be removed from the bench.
More on the case from TigerHawk
<http://tigerhawk.blogspot.com/2010/07/new-jersey-allows-cultural-defense-to.html> and Eugene
Volokh
<http://volokh.com/2010/07/23/cultural-defense-accepted-as-to-nonconsensual-sex-in-new-jersey-trial-court-rejected-on-appeal/>.
- 7:58 AM, 26 July 2010 [link]
<http://www.seanet.com/%7Ejimxc/Politics/July2010_4.html#jrm8960>
From Jim Miller on Politics
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