gambit
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There is nothing wrong with arbitration and that all parties agreed to accept any decision coming from arbitration. But the ideal of arbitration is that all parties must be on equal status, not just under the current legal system but also from the one the parties came from.Isn't this already what happens right now and state and federal laws trump over all others? Why does the Florida Senate think that they need another law? I always thought that you cannot sign away your fundamental rights by getting into a contract.
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Are religious communities actually asking that they be exempted from state laws and that they be allowed to use their own laws instead? I was of the view that these communities were asking that they be allowed to use their own laws in matters such as divorce and alimony where all parties have consented in a manner akin to arbitrage. This could save money to both parties in terms of court expenses. If either party objects to such arbitration, the case would have to be decided in a court of law.
You should understand that legally speaking, an arbitration is not that different from a court judgement. An arbitration is a legal dispute that has full backing of the court in any decision. In an arbitration, the arbiter is both judge and jury, whereas in a full court, the judge there is to primarily ensure all parties conduct their disputes according to the laws, and let the jury decide on guilt and/or culpability. So what SB 58 does is to visibly elevate the legal status of all disputants in any legal issue, should there be any disparity prior to arbitration or court.
Look at it this way...
If a woman came from a society where she has only 5 rights while the current US system gives her 10 rights, her opponent in arbitration cannot use the legal legal system that gives her only 5 rights as basis for arbitration. The superior disputant have every advantage and an arbitration with its speedier resolution process would grossly skew the entire process into his favor. Hence the phrasing '... the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.
Religions are where women seems to suffer the fullest of man's inhumanity to man and always under the supposed will of a god and this is why this law is seen by religious people as somewhat an oblique intrusion into religious affairs.
Of course. Because a pre-nup is usually assumed that both sides came from equal legal standing. Here is where it gets sticky: Say a woman came from a society where she has only 5 rights and she entered into a pre-nup where she agreed to be penniless if there is a divorce, is that contract enforceable in a country where she has greater amount of rights? This law seems to say no.What does this mean for pre-nup contracts. Can they ever be enforced?