Mississippi Supremacy Clause Enforcement Act; create to prohibit the enforcement of Sharia Law.

H. B. No. 604 *HR31/R825* ~ OFFICIAL ~ G1/2
26/HR31/R825
PAGE 1 (GT\JAB)

To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ford (73rd)

HOUSE BILL NO. 604

AN ACT TO CREATE THE MISSISSIPPI SUPREMACY CLAUSE ENFORCEMENT 1
ACT; TO PROHIBIT THE APPLICATION OF SHARIA LAW IN MISSISSIPPI 2
COURTS; TO PROVIDE LEGISLATIVE FINDINGS AND LEGISLATIVE INTENT; TO 3
CREATE NEW SECTION 11-63-3, MISSISSIPPI CODE OF 1972, TO PROVIDE 4
THAT CONTRACTS THAT PROVIDE FOR THE APPLICATION OF FOREIGN LAWS, 5
INCLUDING SHARIA LAWS, ARE VOID; TO AMEND SECTION 11-63-1, 6
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY ADMINISTRATIVE OR 7
COURT ORDER THAT SEEKS TO ENFORCE FOREIGN LAWS SHALL BE VOID; TO 8
AMEND SECTION 11-7-301, MISSISSIPPI CODE OF 1972, TO REVISE THE 9
DEFINITION OF "FOREIGN" COURT ORDER; TO AMEND SECTION 93-9-30, 10
MISSISSIPPI CODE OF 1972, TO CLARIFY THE EXCLUSION OF FOREIGN LAW 11
FROM FULL FAITH AND CREDIT FOR ISSUES OF PATERNITY; TO AMEND 12
SECTIONS 11-61-1, 11-62-5, 11-62-7 AND 11-62-15, MISSISSIPPI CODE 13
OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 14
89-8-11, MISSISSIPPI CODE OF 1972, TO PROHIBIT A LANDLORD FROM 15
ADOPTING LEASE TERMS THAT APPLY FOREIGN LAWS; TO AMEND SECTION 16
87-7-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING 17
SECTION; TO BRING FORWARD SECTIONS 11-62-17, 11-62-9 AND 11-62-13, 18
MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR FREEDOM OF 19
CONSCIENCE, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 11-62-11, 20
MISSISSIPPI CODE OF 1972, FOR CODEBOOK UPDATE; AND FOR RELATED 21
PURPOSES. 22
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 23
SECTION 1. This act shall be known and may be cited as the " 24
Mississippi United States Supremacy Clause Enforcement Act". 25
SECTION 2. (1) The Legislature finds the following: 26
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 2 (GT\JAB)

(a) The Constitution of the United States is and must 27
remain the supreme law of the land, and no foreign law or foreign 28
legal system may be permitted to undermine it; 29
(b) Attempts to apply foreign law, including religious 30
or international codes, in American courts risk eroding 31
constitutional protections, particularly in matters of family law, 32
contract law, and civil rights; 33
(c) Safeguarding constitutional rights is especially 34
urgent in cases involving women, children, and vulnerable 35
populations who may face coercion or unequal treatment under 36
foreign legal systems; 37
(d) While individuals are free to practice their 38
religion and observe personal codes voluntarily, United States 39
courts must never enforce or give effect to laws that conflict 40
with fundamental liberties guaranteed by the Constitution; 41
(e) This act is necessary to reaffirm and protect the 42
rights of all citizens by ensuring that only American laws govern 43
American courts, and Mississippi laws govern Mississippi courts; 44
(f) The Supremacy Clause of the Constitution requires 45
state and federal courts to apply United States law above any 46
foreign law; 47
(g) In certain judicial and arbitration cases, parties 48
have sought to apply foreign law contrary to United States and 49
Mississippi constitutional guarantees; and 50
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 3 (GT\JAB)

(h) Clear and uniform rules are needed to prevent 51
erosion of constitutional protections in this state. 52
(2) Legislative intent. It is the intent of the Mississippi 53
Legislature to: 54
(a) Prohibit the enforcement of any foreign law that 55
infringes on constitutional rights; 56
(b) Affirm that Mississippi courts must rely solely on 57
state and federal law; and 58
(c) Provide certainty and clarity in the application of 59
constitutional protections nationwide. 60
SECTION 3. The following shall be codified as Section 61
11-63-3, Mississippi Code of 1972: 62
11-63-3. (1) (a) A contract provision involving the 63
marriage relationship which provides that a foreign law is to 64
govern a dispute arising under the contract is void to the extent 65
that the application of the foreign law to the dispute would 66
violate a fundamental right guaranteed by the United States 67
Constitution or the constitution of this state. 68
(b) A contract provision involving the marriage 69
relationship providing that the forum to resolve a dispute arising 70
under the contract is located outside the states and territories 71
of the United States is void if the foreign law that would be 72
applied to the dispute in that forum would, as applied, violate a 73
fundamental right guaranteed by the United States Constitution or 74
the constitution of this state. 75
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 4 (GT\JAB)

(2) (a) A ruling or decision of a court, arbitrator, or 76
administrative adjudicator in a suit affecting the parent-child 77
relationship may not be based on a foreign law if the application 78
of that law would violate a fundamental right guaranteed by the 79
United States Constitution or the constitution or a statute of 80
this state. 81
(b) A contract provision involving the parent-child 82
relationship providing that a foreign law is to govern a dispute 83
arising under the contract is void to the extent that the 84
application of the foreign law to the dispute would violate a 85
fundamental right guaranteed by the United States Constitution or 86
the constitution of this state. 87
(c) A contract provision involving the parent-child 88
relationship providing that the forum to resolve a dispute arising 89
under the contract is located outside the states and territories 90
of the United States is void if the foreign law that would be 91
applied to the dispute in that forum would, as applied, violate a 92
fundamental right guaranteed by the United States Constitution or 93
the constitution of this state. 94
(3) (a) No court shall enforce a judgment, decree, or 95
arbitration decision if it relies, in whole or in part, on any 96
foreign law that violates state or federal law or the Mississippi 97
Constitution. 98
(b) No court shall apply or enforce foreign law if 99
inconsistent in matters involving marriage, divorce, child 100
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 5 (GT\JAB)

custody, adoption, or inheritance that violates state or federal 101
law or the Mississippi Constitution. 102
SECTION 4. Section 11-63-1, Mississippi Code of 1972, is 103
amended as follows: 104
11-63-1. (1) In this section, "foreign law" means any 105
law, rule, legal code or legal system other than the United States 106
constitution, laws and ratified treaties of the United States and 107
the territories of the United States, the constitution and laws of 108
another state of the United States, Native American tribal law, 109
the Mississippi Constitution of 1890, and the laws of this state. 110
(2) (a) A court, arbitrator, administrative agency or 111
other adjudicative, mediation or enforcement authority shall not 112
enforce a foreign law * * * that violates the Mississippi 113
Constitution, any laws of this state, the United States 114
Constitution, any laws or ratified treaties of the United States 115
and the territories of the United States guaranteed to a natural 116
person by the United States Constitution or the Mississippi 117
Constitution of 1890. 118
(b) Any order by a court, arbitrator, administrative 119
agency or other adjudicative, mediation or enforcement authority 120
that seeks to enforce any foreign law in violation of paragraph 121
(a) of this subsection (2) shall be void. 122
SECTION 5. Section 11-7-301, Mississippi Code of 1972, is 123
amended as follows: 124
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 6 (GT\JAB)

11-7-301. In Sections 11-7-301 through 11-7-309 "foreign 125
judgment" means any judgment, decree or order of a court of the 126
United States * * *. The term "foreign judgment" shall not mean 127
or include any judgment, decree or order from any jurisdiction 128
outside of the United States or its territories, or any judgement 129
from another state or territory of the United States that applies 130
law from a jurisdiction outside of the United States or its 131
territories. 132
SECTION 6. Section 93-9-30, Mississippi Code of 1972, is 133
amended as follows: 134
93-9-30. In any proceeding in Mississippi, either before a 135
court or administrative tribunal, wherein the question of 136
paternity may arise, and a determination or adjudication of 137
paternity has been made through either a voluntary acknowledgement 138
procedure, an administrative determination or a judicial order in 139
another state or jurisdiction of the United States, then upon 140
certification of that determination or adjudication by competent 141
administrative or judicial authority of such state or 142
jurisdiction, the court or administrative tribunal in Mississippi 143
shall give full faith and credit to that * * * determination or 144
adjudication, and it shall be conclusive proof of its substance; 145
however, such full faith and credit shall not be given to any 146
foreign law as provided in Section 11-61-1. 147
SECTION 7. Section 11-61-1, Mississippi Code of 1972, is 148
amended as follows: 149
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 7 (GT\JAB)

11-61-1. (1) This section shall be known and may be cited 150
as the Mississippi Religious Freedom Restoration Act. 151
(2) The Mississippi Legislature finds the following: 152
(a) The framers of the Constitution, recognizing free 153
exercise of religion as an unalienable right, secured its 154
protection in the First Amendment to the Constitution; 155
(b) Laws "neutral" toward religion may burden religious 156
exercise as surely as laws intended to interfere with religious 157
exercise; 158
(c) Government should not substantially burden 159
religious exercise without compelling justification; 160
(d) In Employment Division v. Smith, 494 U.S. 872 161
(1990), the United States Supreme Court virtually eliminated the 162
requirement that the government justify burdens on religious 163
exercise imposed by laws neutral toward religion; and 164
(e) The compelling interest test as set forth in prior 165
federal court rulings is a workable test for striking sensible 166
balances between religious liberty and competing prior 167
governmental interests. 168
(3) The purposes of this section are as follows: 169
(a) To restore the compelling interest test as set 170
forth in Sherbert v. Verner, 374 U.S. 398 (1963), and Wisconsin v. 171
Yoder, 406 U.S. 205 (1972), and to guarantee its application in 172
all cases where free exercise of religion is substantially 173
burdened; and 174
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 8 (GT\JAB)

(b) To provide a claim or defense to persons whose 175
religious exercise is substantially burdened by government. 176
(4) As used in this section, the following words shall have 177
the following meanings: 178
(a) "Government" means any branch, department, agency, 179
instrumentality or political subdivision of the State of 180
Mississippi and any official or other person acting under color of 181
law of the State of Mississippi. 182
(b) "Demonstrates" means to meet the burdens of going 183
forward with the evidence and of persuasion. 184
(c) "Exercise of religion" means the exercise of 185
religion under the First Amendment to the Constitution. 186
(5) (a) Government shall not substantially burden a 187
person's exercise of religion even if the burden results from a 188
rule of general applicability, except as provided in paragraph (b) 189
of this subsection. 190
(b) Government may substantially burden a person's 191
exercise of religion only if it demonstrates that application of 192
the burden to the person: 193
(i) Is in furtherance of a compelling governmental 194
interest; and 195
(ii) Is the least restrictive means of furthering 196
that compelling governmental interest. 197
(6) A person whose religious exercise has been burdened in 198
violation of this section may assert that violation as a claim or 199
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 9 (GT\JAB)

defense in a judicial proceeding and obtain appropriate relief 200
against the government, as defined by subsection (4) of this 201
section. Standing to assert a claim or defense under this section 202
shall be the same as the general rules of standing under Article 203
III of the United States Constitution. 204
(7) (a) This section applies to all state laws, rules, 205
regulations and any municipal or county ordinances, rules or 206
regulations and the implementation of those laws, whether 207
statutory or otherwise, and whether adopted before or after July 208
1, 2014. 209
(b) Any such law, rule, regulation or ordinances 210
adopted after July 1, 2014, shall be subject to this section 211
unless such law explicitly excludes such application by reference 212
to this section. 213
(8) Nothing in this section shall be construed to authorize 214
any * * * religious practice that conflicts with state law, the 215
Mississippi Constitution or the United States Constitution. 216
(9) Nothing in this section shall be construed to affect, 217
interpret, or in any way address that portion of the First 218
Amendment prohibiting laws respecting the establishment of 219
religion. Granting government funding, benefits, or exemptions, 220
to the extent permissible under the Establishment Clause, shall 221
not constitute a violation of this section. As used in this 222
subsection, the term "granting," used with respect to government 223
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 10 (GT\JAB)

funding, benefits, or exemptions, does not include the denial of 224
government funding, benefits, or exemptions. 225
(10) Nothing in this section shall create any rights by an 226
employee against an employer if the employer is not the 227
government. 228
SECTION 8. Section 11-62-5, Mississippi Code of 1972, is 229
amended as follows: 230
11-62-5. (1) The state government shall not take any 231
discriminatory action against a religious organization wholly or 232
partially on the basis that such organization: 233
(a) Solemnizes or declines to solemnize any marriage, 234
or provides or declines to provide services, accommodations, 235
facilities, goods or privileges for a purpose related to the 236
solemnization, formation, celebration or recognition of any 237
marriage, based upon or in a manner consistent with a sincerely 238
held religious belief or moral conviction described in Section 239
11-62-3; 240
(b) Makes any employment related decision including, 241
but not limited to, the decision whether or not to hire, terminate 242
or discipline an individual whose conduct or religious beliefs are 243
inconsistent with those of the religious organization, based upon 244
or in a manner consistent with a sincerely held religious belief 245
or moral conviction described in Section 11-62-3; or 246
* * * 247
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 11 (GT\JAB)

(2) The state government shall not take any discriminatory 248
action against a religious organization that advertises, provides 249
or facilitates adoption or foster care, wholly or partially on the 250
basis that such organization has provided or declined to provide 251
any adoption or foster care service, or related service, based 252
upon or in a manner consistent with a sincerely held religious 253
belief or moral conviction described in Section 11-62-3. 254
(3) The state government shall not take any discriminatory 255
action against a person who the state grants custody of a foster 256
or adoptive child, or who seeks from the state custody of a foster 257
or adoptive child, wholly or partially on the basis that the 258
person guides, instructs or raises a child, or intends to guide, 259
instruct, or raise a child based upon or in a manner consistent 260
with a sincerely held religious belief or moral conviction 261
described in Section 11-62-3, unless such belief violates the 262
provisions of this act. 263
(4) The state government shall not take any discriminatory 264
action against a person wholly or partially on the basis that the 265
person declines to participate in the provision of treatments, 266
counseling, or surgeries related to sex reassignment or gender 267
identity transitioning or declines to participate in the provision 268
of psychological, counseling, or fertility services based upon a 269
sincerely held religious belief or moral conviction described in 270
Section 11-62-3. This subsection (4) shall not be construed to 271
allow any person to deny visitation, recognition of a designated 272
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 12 (GT\JAB)

representative for health care decision making, or emergency 273
medical treatment necessary to cure an illness or injury as 274
required by law. 275
(5) The state government shall not take any discriminatory 276
action against a person wholly or partially on the basis that the 277
person has provided or declined to provide the following services, 278
accommodations, facilities, goods, or privileges for a purpose 279
related to the solemnization, formation, celebration, or 280
recognition of any marriage, based upon or in a manner consistent 281
with a sincerely held religious belief or moral conviction 282
described in Section 11-62-3: 283
(a) Photography, poetry, videography, disc jockey 284
services, wedding planning, printing, publishing or similar 285
marriage related goods or services; or 286
(b) Floral arrangements, dress making, cake or pastry 287
artistry, assembly hall or other wedding venue rentals, limousine 288
or other car service rentals, jewelry sales and services, or 289
similar marriage related services, accommodations, facilities or 290
goods. 291
(6) The state government shall not take any discriminatory 292
action against a person wholly or partially on the basis that the 293
person establishes sex specific standards or policies concerning 294
employee or student dress or grooming, or concerning access to 295
restrooms, spas, baths, showers, dressing rooms, locker rooms, or 296
other intimate facilities or settings, based upon or in a manner 297
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 13 (GT\JAB)

consistent with a sincerely held religious belief or moral 298
conviction described in Section 11-62-3. 299
(7) The state government shall not take any discriminatory 300
action against a state employee wholly or partially on the basis 301
that such employee lawfully speaks or engages in expressive 302
conduct based upon or in a manner consistent with a sincerely held 303
religious belief or moral conviction described in Section 11-62-3, 304
so long as: 305
(a) If the employee's speech or expressive conduct 306
occurs in the workplace, that speech or expressive conduct is 307
consistent with the time, place, manner and frequency of any other 308
expression of a religious, political, or moral belief or 309
conviction allowed; or 310
(b) If the employee's speech or expressive conduct 311
occurs outside the workplace, that speech or expressive conduct is 312
in the employee's personal capacity and outside the course of 313
performing work duties. 314
(8) (a) Any person employed or acting on behalf of the 315
state government who has authority to authorize or license 316
marriages, including, but not limited to, clerks, * * * registrar 317
of deeds or their deputies, may seek recusal from authorizing or 318
licensing lawful marriages based upon or in a manner consistent 319
with a sincerely held religious belief or moral conviction 320
described in Section 11-62-3. Any person making such recusal 321
shall provide prior written notice to the State Registrar of Vital 322
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 14 (GT\JAB)

Records who shall keep a record of such recusal, and the state 323
government shall not take any discriminatory action against that 324
person wholly or partially on the basis of such recusal. The 325
person who is recusing himself or herself shall take all necessary 326
steps to ensure that the authorization and licensing of any 327
legally valid marriage is not impeded or delayed as a result of 328
any recusal. 329
(b) Any person employed or acting on behalf of the 330
state government who has authority to perform or solemnize 331
marriages, including, but not limited to, judges, magistrates, 332
justices of the peace or their deputies, may seek recusal from 333
performing or solemnizing lawful marriages based upon or in a 334
manner consistent with a sincerely held religious belief or moral 335
conviction described in Section 11-62-3. Any person making such 336
recusal shall provide prior written notice to the Administrative 337
Office of Courts, and the state government shall not take any 338
discriminatory action against that person wholly or partially on 339
the basis of such recusal. The Administrative Office of Courts 340
shall take all necessary steps to ensure that the performance or 341
solemnization of any legally valid marriage is not impeded or 342
delayed as a result of any recusal. 343
SECTION 9. Section 11-62-7, Mississippi Code of 1972, is 344
amended as follows: 345
11-62-7. (1) As used in this chapter, discriminatory action 346
includes any action taken by the state government to: 347
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 15 (GT\JAB)

(a) Alter in any way the tax treatment of, or cause any 348
tax, penalty, or payment to be assessed against, or deny, delay, 349
revoke, or otherwise make unavailable an exemption from taxation 350
of any person referred to in Section 11-62-5; 351
(b) Disallow, deny or otherwise make unavailable a 352
deduction for state tax purposes of any charitable contribution 353
made to or by such person; 354
(c) Withhold, reduce, exclude, terminate, materially 355
alter the terms or conditions of, or otherwise make unavailable or 356
deny any state grant, contract, subcontract, cooperative 357
agreement, guarantee, loan, scholarship, or other similar benefit 358
from or to such person; 359
(d) Withhold, reduce, exclude, terminate, materially 360
alter the terms or conditions of, or otherwise make unavailable or 361
deny any entitlement or benefit under a state benefit program from 362
or to such person; 363
(e) Impose, levy or assess a monetary fine, fee, 364
penalty or injunction; 365
(f) Withhold, reduce, exclude, terminate, materially 366
alter the terms or conditions of, or otherwise make unavailable or 367
deny any license, certification, accreditation, * * *, diploma, 368
grade, recognition, or other similar benefit, position, or status 369
from or to any person; or 370
(g) Refuse to hire or promote, force to resign, fire, 371
demote, sanction, discipline, materially alter the terms or 372
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 16 (GT\JAB)

conditions of employment, or retaliate or take other adverse 373
employment action against a person employed or commissioned by the 374
state government. 375
(2) The state government shall consider accredited, licensed 376
or certified any person that would otherwise be accredited, 377
licensed or certified, respectively, for any purposes under state 378
law but for a determination against such person wholly or 379
partially on the basis that the person believes, speaks or acts in 380
accordance with a sincerely held religious belief or moral 381
conviction described in Section 11-62-3. 382
SECTION 10. Section 11-62-15, Mississippi Code of 1972, is 383
amended as follows: 384
11-62-15. (1) This chapter shall be construed in favor 385
of * * * protection of the free exercise of religious beliefs and 386
moral convictions, to the * * * extent * * * authorized by the 387
state and federal constitutions. 388
(2) The protection of free exercise of religious beliefs and 389
moral convictions afforded by this chapter are in addition to the 390
protections provided under federal law, state law, and the state 391
and federal constitutions. Nothing in this chapter shall be 392
construed to preempt or repeal any state or local law that is 393
equally or more protective of free exercise of religious beliefs 394
or moral convictions. Nothing in this chapter shall be construed 395
to narrow the meaning or application of any state or local law 396
protecting free exercise of religious beliefs or moral 397
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 17 (GT\JAB)

convictions. Nothing in this chapter shall be construed to 398
prevent the state government from providing, either directly or 399
through an individual or entity not seeking protection under this 400
chapter, any benefit or service authorized under state law. 401
(3) * * * This chapter shall not be construed to authorize 402
the application of foreign law that violates state or federal law 403
or the Mississippi or United States Constitution. 404
SECTION 11. Section 89-8-11, Mississippi Code of 1972, is 405
amended as follows: 406
89-8-11. (1) A landlord may, from time to time, adopt 407
written rules or regulations, however described, concerning the 408
tenant's use and occupancy of the premises. They are enforceable 409
against the tenant only if: 410
(a) Their purpose is to promote the convenience, safety 411
or welfare of the tenants in the premises, preserve the landlord's 412
property from abuse, or make a fair distribution of services and 413
facilities provided for the tenants generally; 414
(b) They are reasonably related to the purpose for 415
which they are adopted; 416
(c) They apply to all tenants in the premises in a fair 417
manner; 418
(d) They are sufficiently explicit in their 419
prohibition, direction or limitation of the tenant's conduct to 420
fairly inform what must or must not be done to comply; 421
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 18 (GT\JAB)

(e) They are not for the purpose of evading the 422
obligations of the landlord * * *; or 423
(f) They are not foreign laws that conflict with state 424
or federal law or violate rights provided by the Mississippi 425
Constitution or the United States Constitution. 426
(2) A rule or regulation adopted or amended after the tenant 427
enters into the rental agreement is enforceable against the tenant 428
if reasonable notice of its adoption or amendment is given to the 429
tenant and it does not work a substantial modification of the 430
rental agreement. 431
(3) If the dwelling unit is an apartment in a horizontal 432
property regime, the tenant shall comply with the bylaws of the 433
association of the apartment owners; and if the dwelling unit is 434
an apartment in a cooperative housing corporation, the tenant 435
shall comply with the bylaws of the corporation. 436
(4) Unless otherwise agreed, the tenant shall occupy the 437
dwelling unit only as a dwelling unit. 438
SECTION 12. Section 87-7-9, Mississippi Code of 1972, is 439
amended as follows: 440
87-7-9. (1) A provision in any contract, subcontract, or 441
purchase order for the improvement of real property in this state, 442
or to provide materials therefor, is void and against public 443
policy if it makes the contract, subcontract, or purchase order 444
subject to the laws of another state, another country or provides 445
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 19 (GT\JAB)

that the exclusive forum for any litigation, arbitration, or other 446
dispute resolution process be located in another state. 447
(2) The provisions of this section apply only to contracts, 448
agreements and purchase orders: 449
(a) Entered into on or after July 1, 2018; 450
(b) Only if at least one (1) of the parties is a 451
Mississippi resident; and 452
(c) Only if entered into between any two (2) or more of 453
the following persons and no others: the owner of the real 454
property improved or to be improved, a contractor, subcontractor, 455
materialman or design professional. As used in this section, 456
"contractor," "subcontractor," "materialman" and "design 457
professional" shall have the meanings ascribed in Section 458
85-7-401. 459
(3) For purposes of this section, "Mississippi resident" 460
means any natural person domiciled in Mississippi or any business 461
entity having a principal place of business in Mississippi. 462
SECTION 13. Section 11-62-17, Mississippi Code of 1972, is 463
brought forward as follows: 464
11-62-17. As used in this chapter, the following words and 465
phrases shall have the meanings ascribed in this section unless 466
the context clearly indicates otherwise: 467
(1) "State benefit program" means any program administered 468
or funded by the state, or by any agent on behalf of the state, 469
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 20 (GT\JAB)

providing cash, payments, grants, contracts, loans or in kind 470
assistance. 471
(2) "State government" means: 472
(a) The State of Mississippi or a political subdivision 473
of the state; 474
(b) Any agency of the state or of a political 475
subdivision of the state, including a department, bureau, board, 476
commission, council, court or public institution of higher 477
education; 478
(c) Any person acting under color of state law; and 479
(d) Any private party or third party suing under or 480
enforcing a law, ordinance, rule or regulation of the state or 481
political subdivision of the state. 482
(3) "Person" means: 483
(a) A natural person, in his or her individual 484
capacity, regardless of religious affiliation or lack thereof, or 485
in his or her capacity as a member, officer, owner, volunteer, 486
employee, manager, religious leader, clergy or minister of any 487
entity described in this section; 488
(b) A religious organization; 489
(c) A sole proprietorship, or closely held company, 490
partnership, association, organization, firm, corporation, 491
cooperative, trust, society or other closely held entity operating 492
with a sincerely held religious belief or moral conviction 493
described in this chapter; or 494
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 21 (GT\JAB)

(d) Cooperatives, ventures or enterprises comprised of 495
two (2) or more individuals or entities described in this 496
subsection. 497
(4) "Religious organization" means: 498
(a) A house of worship, including, but not limited to, 499
churches, synagogues, shrines, mosques and temples; 500
(b) A religious group, corporation, association, school 501
or educational institution, ministry, order, society or similar 502
entity, regardless of whether it is integrated or affiliated with 503
a church or other house of worship; and 504
(c) An officer, owner, employee, manager, religious 505
leader, clergy or minister of an entity or organization described 506
in this subsection (4). 507
(5) "Adoption or foster care" or "adoption or foster care 508
service" means social services provided to or on behalf of 509
children, including: 510
(a) Assisting abused or neglected children; 511
(b) Teaching children and parents occupational, 512
homemaking and other domestic skills; 513
(c) Promoting foster parenting; 514
(d) Providing foster homes, residential care, group 515
homes or temporary group shelters for children; 516
(e) Recruiting foster parents; 517
(f) Placing children in foster homes; 518
(g) Licensing foster homes; 519
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 22 (GT\JAB)

(h) Promoting adoption or recruiting adoptive parents; 520
(i) Assisting adoptions or supporting adoptive 521
families; 522
(j) Performing or assisting home studies; 523
(k) Assisting kinship guardianships or kinship 524
caregivers; 525
(l) Providing family preservation services; 526
(m) Providing family support services; and 527
(n) Providing temporary family reunification services. 528
SECTION 14. Section 11-62-9, Mississippi Code of 1972, is 529
brought forward as follows: 530
11-62-9. (1) A person may assert a violation of this 531
chapter as a claim against the state government in any judicial or 532
administrative proceeding or as defense in any judicial or 533
administrative proceeding without regard to whether the proceeding 534
is brought by or in the name of the state government, any private 535
person or any other party. 536
(2) An action under this chapter may be commenced, and 537
relief may be granted, in a court of the state without regard to 538
whether the person commencing the action has sought or exhausted 539
available administrative remedies. 540
(3) Violations of this chapter which are properly governed 541
by Chapter 46, Title 11, Mississippi Code of 1972, shall be 542
brought in accordance with that chapter. 543
H. B. No. 604 *HR31/R825* ~ OFFICIAL ~
26/HR31/R825
PAGE 23 (GT\JAB)
ST: Mississippi Supremacy Clause Enforcement
Act; create to prohibit the enforcement of
Sharia Law.
SECTION 15. Section 11-62-11, Mississippi Code of 1972, is 544
brought forward as follows: 545
11-62-11. An aggrieved person must first seek injunctive 546
relief to prevent or remedy a violation of this chapter or the 547
effects of a violation of this chapter. If injunctive relief is 548
granted by the court and the injunction is thereafter violated, 549
then and only then may the aggrieved party, subject to the 550
limitations of liability set forth in Section 11-46-15, seek the 551
following: 552
(a) Compensatory damages for pecuniary and nonpecuniary 553
losses; 554
(b) Reasonable attorneys' fees and costs; and 555
(c) Any other appropriate relief, except that only 556
declaratory relief and injunctive relief shall be available 557
against a private person not acting under color of state law upon 558
a successful assertion of a claim or defense under this chapter. 559
SECTION 16. Section 11-62-13, Mississippi Code of 1972, is 560
brought forward as follows: 561
11-62-13. A person must bring an action to assert a claim 562
under this chapter not later than two (2) years after the date 563
that the person knew or should have known that a discriminatory 564
action was taken against that person. 565
SECTION 17. This act shall take effect and be in force from 566
and after July 1, 2026. 567