Sharia law; prohibit use in contracts and MS law.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ladner

HOUSE BILL NO. 1479

AN ACT TO PROHIBIT THE APPLICATION OF SHARIA LAW IN 1
MISSISSIPPI COURTS; TO PROVIDE LEGISLATIVE FINDINGS AND 2
LEGISLATIVE INTENT; TO CREATE NEW SECTION 11-63-3, MISSISSIPPI 3
CODE OF 1972, TO PROVIDE THAT CONTRACTS THAT PROVIDE FOR THE 4
APPLICATION OF FOREIGN LAWS, INCLUDING SHARIA LAWS, ARE VOID; TO 5
AMEND SECTION 11-63-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 6
ANY ADMINISTRATIVE OR COURT ORDER THAT SEEKS TO ENFORCE FOREIGN 7
LAWS SHALL BE VOID; TO AMEND SECTION 11-7-301, MISSISSIPPI CODE OF 8
1972, TO REVISE THE DEFINITION OF "FOREIGN" COURT ORDER; TO AMEND 9
SECTION 93-9-30, MISSISSIPPI CODE OF 1972, TO CLARIFY THE 10
EXCLUSION OF FOREIGN LAW FROM FULL FAITH AND CREDIT FOR ISSUES OF 11
PATERNITY; TO AMEND SECTIONS 11-61-1, 11-62-5, 11-62-7 AND 12
11-62-15, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING 13
SECTIONS; TO AMEND SECTION 89-8-11, MISSISSIPPI CODE OF 1972, TO 14
PROHIBIT A LANDLORD FROM ADOPTING LEASE TERMS THAT APPLY FOREIGN 15
LAWS; TO AMEND SECTION 87-7-9, MISSISSIPPI CODE OF 1972, TO 16
CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTIONS 17
11-62-17, 11-62-9 AND 11-62-13, MISSISSIPPI CODE OF 1972, WHICH 18
PROVIDES FOR FREEDOM OF CONSCIENCE, FOR PURPOSES OF AMENDMENT; TO 19
AMEND SECTION 11-62-11, MISSISSIPPI CODE OF 1972, FOR CODEBOOK 20
UPDATE; AND FOR RELATED PURPOSES. 21
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 22
SECTION 1. The following shall be codified as Section 23
11-63-3, Mississippi Code of 1972: 24
11-63-3. (1) (a) A contract provision involving the 25
marriage relationship which provides that a foreign law is to 26
govern a dispute arising under the contract is void to the extent 27
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that the application of the foreign law to the dispute would 28
violate a fundamental right guaranteed by the United States 29
Constitution or the constitution of this state. 30
(b) A contract provision involving the marriage 31
relationship providing that the forum to resolve a dispute arising 32
under the contract is located outside the states and territories 33
of the United States is void if the foreign law that would be 34
applied to the dispute in that forum would, as applied, violate a 35
fundamental right guaranteed by the United States Constitution or 36
the constitution of this state. 37
(2) (a) A ruling or decision of a court, arbitrator, or 38
administrative adjudicator in a suit affecting the parent-child 39
relationship may not be based on a foreign law if the application 40
of that law would violate a fundamental right guaranteed by the 41
United States Constitution or the constitution or a statute of 42
this state. 43
(b) A contract provision involving the parent-child 44
relationship providing that a foreign law is to govern a dispute 45
arising under the contract is void to the extent that the 46
application of the foreign law to the dispute would violate a 47
fundamental right guaranteed by the United States Constitution or 48
the constitution of this state. 49
(c) A contract provision involving the parent-child 50
relationship providing that the forum to resolve a dispute arising 51
under the contract is located outside the states and territories 52
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of the United States is void if the foreign law that would be 53
applied to the dispute in that forum would, as applied, violate a 54
fundamental right guaranteed by the United States Constitution or 55
the constitution of this state. 56
(3) (a) No court shall enforce a judgment, decree, or 57
arbitration decision if it relies, in whole or in part, on any 58
foreign law that violates state or federal law or the Mississippi 59
Constitution. 60
(b) No court shall apply or enforce foreign law if 61
inconsistent in matters involving marriage, divorce, child 62
custody, adoption, or inheritance that violates state or federal 63
law or the Mississippi Constitution. 64
SECTION 2. Section 11-63-1, Mississippi Code of 1972, is 65
amended as follows: 66
11-63-1. (1) In this section, "foreign law" means any law, 67
rule, legal code or legal system other than the constitution, laws 68
and ratified treaties of the United States and the territories of 69
the United States, the constitution and laws of another state of 70
the United States, Native American tribal law, the Mississippi 71
Constitution of 1890, and the laws of this state. 72
(2) (a) A court, arbitrator, administrative agency or other 73
adjudicative, mediation or enforcement authority shall not enforce 74
a foreign law * * * that violates the Mississippi Constitution, 75
any laws of this state, the United States Constitution or the 76
Mississippi Constitution of 1890. 77
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(b) Any order by a court, arbitrator, administrative 78
agency or other adjudicative, mediation or enforcement authority 79
that seeks to enforce any foreign law in violation of paragraph 80
(a) of this subsection (2) shall be void. 81
SECTION 3. Section 11-7-301, Mississippi Code of 1972, is 82
amended as follows: 83
11-7-301. In Sections 11-7-301 through 11-7-309 "foreign 84
judgment" means any judgment, decree or order of a court of the 85
United States * * *. The term "foreign judgment" shall not mean 86
or include any judgment, decree or order from any jurisdiction 87
outside of the United States or its territories, or any judgement 88
from another state or territory of the United States that applies 89
law from a jurisdiction outside of the United States or its 90
territories. 91
SECTION 4. Section 93-9-30, Mississippi Code of 1972, is 92
amended as follows: 93
93-9-30. In any proceeding in Mississippi, either before a 94
court or administrative tribunal, wherein the question of 95
paternity may arise, and a determination or adjudication of 96
paternity has been made through either a voluntary acknowledgement 97
procedure, an administrative determination or a judicial order in 98
another state or jurisdiction of the United States, then upon 99
certification of that determination or adjudication by competent 100
administrative or judicial authority of such state or 101
jurisdiction, the court or administrative tribunal in Mississippi 102
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shall give full faith and credit to that * * * determination or 103
adjudication, and it shall be conclusive proof of its substance; 104
however, such full faith and credit shall not be given to any 105
foreign law as provided in Section 11-61-1. 106
SECTION 5. Section 11-61-1, Mississippi Code of 1972, is 107
amended as follows: 108
11-61-1. (1) This section shall be known and may be cited 109
as the Mississippi Religious Freedom Restoration Act. 110
(2) The Mississippi Legislature finds the following: 111
(a) The framers of the Constitution, recognizing free 112
exercise of religion as an unalienable right, secured its 113
protection in the First Amendment to the Constitution; 114
(b) Laws "neutral" toward religion may burden religious 115
exercise as surely as laws intended to interfere with religious 116
exercise; 117
(c) Government should not substantially burden 118
religious exercise without compelling justification; 119
(d) In Employment Division v. Smith, 494 U.S. 872 120
(1990), the United States Supreme Court virtually eliminated the 121
requirement that the government justify burdens on religious 122
exercise imposed by laws neutral toward religion; and 123
(e) The compelling interest test as set forth in prior 124
federal court rulings is a workable test for striking sensible 125
balances between religious liberty and competing prior 126
governmental interests. 127
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(3) The purposes of this section are as follows: 128
(a) To restore the compelling interest test as set 129
forth in Sherbert v. Verner, 374 U.S. 398 (1963), and Wisconsin v. 130
Yoder, 406 U.S. 205 (1972), and to guarantee its application in 131
all cases where free exercise of religion is substantially 132
burdened; and 133
(b) To provide a claim or defense to persons whose 134
religious exercise is substantially burdened by government. 135
(4) As used in this section, the following words shall have 136
the following meanings: 137
(a) "Government" means any branch, department, agency, 138
instrumentality or political subdivision of the State of 139
Mississippi and any official or other person acting under color of 140
law of the State of Mississippi. 141
(b) "Demonstrates" means to meet the burdens of going 142
forward with the evidence and of persuasion. 143
(c) "Exercise of religion" means the exercise of 144
religion under the First Amendment to the Constitution. 145
(5) (a) Government shall not substantially burden a 146
person's exercise of religion even if the burden results from a 147
rule of general applicability, except as provided in paragraph (b) 148
of this subsection. 149
(b) Government may substantially burden a person's 150
exercise of religion only if it demonstrates that application of 151
the burden to the person: 152
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(i) Is in furtherance of a compelling governmental 153
interest; and 154
(ii) Is the least restrictive means of furthering 155
that compelling governmental interest. 156
(6) A person whose religious exercise has been burdened in 157
violation of this section may assert that violation as a claim or 158
defense in a judicial proceeding and obtain appropriate relief 159
against the government, as defined by subsection (4) of this 160
section. Standing to assert a claim or defense under this section 161
shall be the same as the general rules of standing under Article 162
III of the United States Constitution. 163
(7) (a) This section applies to all state laws, rules, 164
regulations and any municipal or county ordinances, rules or 165
regulations and the implementation of those laws, whether 166
statutory or otherwise, and whether adopted before or after July 167
1, 2014. 168
(b) Any such law, rule, regulation or ordinances 169
adopted after July 1, 2014, shall be subject to this section 170
unless such law explicitly excludes such application by reference 171
to this section. 172
(8) Nothing in this section shall be construed to authorize 173
any * * * religious practice that conflicts with state law, the 174
Mississippi Constitution or the United States Constitution. 175
(9) Nothing in this section shall be construed to affect, 176
interpret, or in any way address that portion of the First 177
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Amendment prohibiting laws respecting the establishment of 178
religion. Granting government funding, benefits, or exemptions, 179
to the extent permissible under the Establishment Clause, shall 180
not constitute a violation of this section. As used in this 181
subsection, the term "granting," used with respect to government 182
funding, benefits, or exemptions, does not include the denial of 183
government funding, benefits, or exemptions. 184
(10) Nothing in this section shall create any rights by an 185
employee against an employer if the employer is not the 186
government. 187
SECTION 6. Section 11-62-5, Mississippi Code of 1972, is 188
amended as follows: 189
11-62-5. (1) The state government shall not take any 190
discriminatory action against a religious organization wholly or 191
partially on the basis that such organization: 192
(a) Solemnizes or declines to solemnize any marriage, 193
or provides or declines to provide services, accommodations, 194
facilities, goods or privileges for a purpose related to the 195
solemnization, formation, celebration or recognition of any 196
marriage, based upon or in a manner consistent with a sincerely 197
held religious belief or moral conviction described in Section 198
11-62-3; 199
(b) Makes any employment-related decision including, 200
but not limited to, the decision whether or not to hire, terminate 201
or discipline an individual whose conduct or religious beliefs are 202
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inconsistent with those of the religious organization, based upon 203
or in a manner consistent with a sincerely held religious belief 204
or moral conviction described in Section 11-62-3; or 205
* * * 206
(2) The state government shall not take any discriminatory 207
action against a religious organization that advertises, provides 208
or facilitates adoption or foster care, wholly or partially on the 209
basis that such organization has provided or declined to provide 210
any adoption or foster care service, or related service, based 211
upon or in a manner consistent with a sincerely held religious 212
belief or moral conviction described in Section 11-62-3. 213
(3) The state government shall not take any discriminatory 214
action against a person who the state grants custody of a foster 215
or adoptive child, or who seeks from the state custody of a foster 216
or adoptive child, wholly or partially on the basis that the 217
person guides, instructs or raises a child, or intends to guide, 218
instruct, or raise a child based upon or in a manner consistent 219
with a sincerely held religious belief or moral conviction 220
described in Section 11-62-3, unless such belief violates the 221
provisions of this act. 222
(4) The state government shall not take any discriminatory 223
action against a person wholly or partially on the basis that the 224
person declines to participate in the provision of treatments, 225
counseling, or surgeries related to sex reassignment or gender 226
identity transitioning or declines to participate in the provision 227
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of psychological, counseling, or fertility services based upon a 228
sincerely held religious belief or moral conviction described in 229
Section 11-62-3. This subsection (4) shall not be construed to 230
allow any person to deny visitation, recognition of a designated 231
representative for health care decision-making, or emergency 232
medical treatment necessary to cure an illness or injury as 233
required by law. 234
(5) The state government shall not take any discriminatory 235
action against a person wholly or partially on the basis that the 236
person has provided or declined to provide the following services, 237
accommodations, facilities, goods, or privileges for a purpose 238
related to the solemnization, formation, celebration, or 239
recognition of any marriage, based upon or in a manner consistent 240
with a sincerely held religious belief or moral conviction 241
described in Section 11-62-3: 242
(a) Photography, poetry, videography, disc-jockey 243
services, wedding planning, printing, publishing or similar 244
marriage-related goods or services; or 245
(b) Floral arrangements, dress making, cake or pastry 246
artistry, assembly-hall or other wedding-venue rentals, limousine 247
or other car-service rentals, jewelry sales and services, or 248
similar marriage-related services, accommodations, facilities or 249
goods. 250
(6) The state government shall not take any discriminatory 251
action against a person wholly or partially on the basis that the 252
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person establishes sex-specific standards or policies concerning 253
employee or student dress or grooming, or concerning access to 254
restrooms, spas, baths, showers, dressing rooms, locker rooms, or 255
other intimate facilities or settings, based upon or in a manner 256
consistent with a sincerely held religious belief or moral 257
conviction described in Section 11-62-3. 258
(7) The state government shall not take any discriminatory 259
action against a state employee wholly or partially on the basis 260
that such employee lawfully speaks or engages in expressive 261
conduct based upon or in a manner consistent with a sincerely held 262
religious belief or moral conviction described in Section 11-62-3, 263
so long as: 264
(a) If the employee's speech or expressive conduct 265
occurs in the workplace, that speech or expressive conduct is 266
consistent with the time, place, manner and frequency of any other 267
expression of a religious, political, or moral belief or 268
conviction allowed; or 269
(b) If the employee's speech or expressive conduct 270
occurs outside the workplace, that speech or expressive conduct is 271
in the employee's personal capacity and outside the course of 272
performing work duties. 273
(8) (a) Any person employed or acting on behalf of the 274
state government who has authority to authorize or license 275
marriages, including, but not limited to, clerks, * * * registrar 276
of deeds or their deputies, may seek recusal from authorizing or 277
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licensing lawful marriages based upon or in a manner consistent 278
with a sincerely held religious belief or moral conviction 279
described in Section 11-62-3. Any person making such recusal 280
shall provide prior written notice to the State Registrar of Vital 281
Records who shall keep a record of such recusal, and the state 282
government shall not take any discriminatory action against that 283
person wholly or partially on the basis of such recusal. The 284
person who is recusing himself or herself shall take all necessary 285
steps to ensure that the authorization and licensing of any 286
legally valid marriage is not impeded or delayed as a result of 287
any recusal. 288
(b) Any person employed or acting on behalf of the 289
state government who has authority to perform or solemnize 290
marriages, including, but not limited to, judges, magistrates, 291
justices of the peace or their deputies, may seek recusal from 292
performing or solemnizing lawful marriages based upon or in a 293
manner consistent with a sincerely held religious belief or moral 294
conviction described in Section 11-62-3. Any person making such 295
recusal shall provide prior written notice to the Administrative 296
Office of Courts, and the state government shall not take any 297
discriminatory action against that person wholly or partially on 298
the basis of such recusal. The Administrative Office of Courts 299
shall take all necessary steps to ensure that the performance or 300
solemnization of any legally valid marriage is not impeded or 301
delayed as a result of any recusal. 302
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SECTION 7. Section 11-62-7, Mississippi Code of 1972, is 303
amended as follows: 304
11-62-7. (1) As used in this chapter, discriminatory action 305
includes any action taken by the state government to: 306
(a) Alter in any way the tax treatment of, or cause any 307
tax, penalty, or payment to be assessed against, or deny, delay, 308
revoke, or otherwise make unavailable an exemption from taxation 309
of any person referred to in Section 11-62-5; 310
(b) Disallow, deny or otherwise make unavailable a 311
deduction for state tax purposes of any charitable contribution 312
made to or by such person; 313
(c) Withhold, reduce, exclude, terminate, materially 314
alter the terms or conditions of, or otherwise make unavailable or 315
deny any state grant, contract, subcontract, cooperative 316
agreement, guarantee, loan, scholarship, or other similar benefit 317
from or to such person; 318
(d) Withhold, reduce, exclude, terminate, materially 319
alter the terms or conditions of, or otherwise make unavailable or 320
deny any entitlement or benefit under a state benefit program from 321
or to such person; 322
(e) Impose, levy or assess a monetary fine, fee, 323
penalty or injunction; 324
(f) Withhold, reduce, exclude, terminate, materially 325
alter the terms or conditions of, or otherwise make unavailable or 326
deny any license, certification, accreditation * * *, diploma, 327
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grade, recognition, or other similar benefit, position, or status 328
from or to any person; or 329
(g) Refuse to hire or promote, force to resign, fire, 330
demote, sanction, discipline, materially alter the terms or 331
conditions of employment, or retaliate or take other adverse 332
employment action against a person employed or commissioned by the 333
state government. 334
(2) The state government shall consider accredited, licensed 335
or certified any person that would otherwise be accredited, 336
licensed or certified, respectively, for any purposes under state 337
law but for a determination against such person wholly or 338
partially on the basis that the person believes, speaks or acts in 339
accordance with a sincerely held religious belief or moral 340
conviction described in Section 11-62-3. 341
SECTION 8. Section 11-62-15, Mississippi Code of 1972, is 342
amended as follows: 343
11-62-15. (1) This chapter shall be construed in favor 344
of * * * protection of the free exercise of religious beliefs and 345
moral convictions, to the * * * extent * * * authorized by the 346
state and federal constitutions. 347
(2) The protection of free exercise of religious beliefs and 348
moral convictions afforded by this chapter are in addition to the 349
protections provided under federal law, state law, and the state 350
and federal constitutions. Nothing in this chapter shall be 351
construed to preempt or repeal any state or local law that is 352
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equally or more protective of free exercise of religious beliefs 353
or moral convictions. Nothing in this chapter shall be construed 354
to narrow the meaning or application of any state or local law 355
protecting free exercise of religious beliefs or moral 356
convictions. Nothing in this chapter shall be construed to 357
prevent the state government from providing, either directly or 358
through an individual or entity not seeking protection under this 359
chapter, any benefit or service authorized under state law. 360
(3) * * * This chapter shall not be construed to authorize 361
the application of foreign law that violates state or federal law 362
or the Mississippi or United States Constitution. 363
SECTION 9. Section 89-8-11, Mississippi Code of 1972, is 364
amended as follows: 365
89-8-11. (1) A landlord may, from time to time, adopt 366
written rules or regulations, however described, concerning the 367
tenant's use and occupancy of the premises. They are enforceable 368
against the tenant only if: 369
(a) Their purpose is to promote the convenience, safety 370
or welfare of the tenants in the premises, preserve the landlord's 371
property from abuse, or make a fair distribution of services and 372
facilities provided for the tenants generally; 373
(b) They are reasonably related to the purpose for 374
which they are adopted; 375
(c) They apply to all tenants in the premises in a fair 376
manner; 377
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(d) They are sufficiently explicit in their 378
prohibition, direction or limitation of the tenant's conduct to 379
fairly inform what must or must not be done to comply; 380
(e) They are not for the purpose of evading the 381
obligations of the landlord * * *; or 382
(f) They are not foreign laws that conflict with state 383
or federal law or violate rights provided by the Mississippi 384
Constitution or the United States Constitution. 385
(2) A rule or regulation adopted or amended after the tenant 386
enters into the rental agreement is enforceable against the tenant 387
if reasonable notice of its adoption or amendment is given to the 388
tenant and it does not work a substantial modification of the 389
rental agreement. 390
(3) If the dwelling unit is an apartment in a horizontal 391
property regime, the tenant shall comply with the bylaws of the 392
association of the apartment owners; and if the dwelling unit is 393
an apartment in a cooperative housing corporation, the tenant 394
shall comply with the bylaws of the corporation. 395
(4) Unless otherwise agreed, the tenant shall occupy the 396
dwelling unit only as a dwelling unit. 397
SECTION 10. Section 87-7-9, Mississippi Code of 1972, is 398
amended as follows: 399
87-7-9. (1) A provision in any contract, subcontract, or 400
purchase order for the improvement of real property in this state, 401
or to provide materials therefor, is void and against public 402
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policy if it makes the contract, subcontract, or purchase order 403
subject to the laws of another state, another country or provides 404
that the exclusive forum for any litigation, arbitration, or other 405
dispute resolution process be located in another state. 406
(2) The provisions of this section apply only to contracts, 407
agreements and purchase orders: 408
(a) Entered into on or after July 1, 2018; 409
(b) Only if at least one (1) of the parties is a 410
Mississippi resident; and 411
(c) Only if entered into between any two (2) or more of 412
the following persons and no others: the owner of the real 413
property improved or to be improved, a contractor, subcontractor, 414
materialman or design professional. As used in this section, 415
"contractor," "subcontractor," "materialman" and "design 416
professional" shall have the meanings ascribed in Section 8-7-401. 417
(3) For purposes of this section, "Mississippi resident" 418
means any natural person domiciled in Mississippi or any business 419
entity having a principal place of business in Mississippi. 420
SECTION *. Section 87-7-9, Mississippi Code of 1972, is 421
amended as follows: 422
87-7-9. (1) A provision in any contract, subcontract, or 423
purchase order for the improvement of real property in this state, 424
or to provide materials therefor, is void and against public 425
policy if it makes the contract, subcontract, or purchase order 426
subject to the laws of another state, or provides that the 427
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exclusive forum for any litigation, arbitration, or other dispute 428
resolution process be located in another state. 429
(2) The provisions of this section apply only to contracts, 430
agreements and purchase orders: 431
(a) Entered into on or after July 1, 2018; 432
(b) Only if at least one (1) of the parties is a 433
Mississippi resident; and 434
(c) Only if entered into between any two (2) or more of 435
the following persons and no others: the owner of the real 436
property improved or to be improved, a contractor, subcontractor, 437
materialman or design professional. As used in this section, 438
"contractor," "subcontractor," "materialman" and "design 439
professional" shall have the meanings ascribed in Section 440
85-7-401. 441
(3) For purposes of this section, "Mississippi resident" 442
means any natural person domiciled in Mississippi or any business 443
entity having a principal place of business in Mississippi. 444
SECTION 12. Section 11-62-9, Mississippi Code of 1972, is 445
brought forward as follows: 446
11-62-9. (1) A person may assert a violation of this 447
chapter as a claim against the state government in any judicial or 448
administrative proceeding or as defense in any judicial or 449
administrative proceeding without regard to whether the proceeding 450
is brought by or in the name of the state government, any private 451
person or any other party. 452
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(2) An action under this chapter may be commenced, and 453
relief may be granted, in a court of the state without regard to 454
whether the person commencing the action has sought or exhausted 455
available administrative remedies. 456
(3) Violations of this chapter which are properly governed 457
by Chapter 46, Title 11, Mississippi Code of 1972, shall be 458
brought in accordance with that chapter. 459
SECTION 13. Section 11-62-11, Mississippi Code of 1972, is 460
brought forward as follows: 461
11-62-11. An aggrieved person must first seek injunctive 462
relief to prevent or remedy a violation of this chapter or the 463
effects of a violation of this chapter. If injunctive relief is 464
granted by the court and the injunction is thereafter violated, 465
then and only then may the aggrieved party, subject to the 466
limitations of liability set forth in Section 11-46-15, seek the 467
following: 468
(a) Compensatory damages for pecuniary and nonpecuniary 469
losses; 470
(b) Reasonable attorneys' fees and costs; and 471
(c) Any other appropriate relief, except that only 472
declaratory relief and injunctive relief shall be available 473
against a private person not acting under color of state law upon 474
a successful assertion of a claim or defense under this chapter. 475
SECTION 14. Section 11-62-13, Mississippi Code of 1972, is 476
brought forward as follows: 477
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ST: Sharia law; prohibit use in contracts and
MS law.
11-62-13. A person must bring an action to assert a claim 478
under this chapter not later than two (2) years after the date 479
that the person knew or should have known that a discriminatory 480
action was taken against that person. 481
SECTION 15. This act shall take effect and be in force from 482
and after July 1, 2026. 483