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S. B. No. 2129 *SS08/R463* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Hill
SENATE BILL NO. 2129
AN ACT TO AMEND SECTION 11-63-1, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE A COURT TO AWARD ATTORNEY'S FEES TO A PARTY OPPOSING 2
RECOGNITION OR ENFORCEMENT OF FOREIGN LAW; TO CREATE NEW SECTION 3
11-63-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE APPLICATION OF 4
FOREIGN LAW IN DIVORCE AND CHILD CUSTODY CASES; TO CREATE NEW 5
SECTION 11-63-5, MISSISSIPPI CODE OF 1972, TO CLARIFY EXEMPTION 6
FROM THE LAW OF BUSINESS CONTRACTS ENTERED INTO BY MISSISSIPPI 7
BUSINESSES; TO CREATE NEW SECTION 11-63-7, MISSISSIPPI CODE OF 8
1972, TO PROHIBIT A COURT, ARBITRATOR, ADMINISTRATIVE AGENCY OR 9
OTHER ADJUDICATIVE, MEDIATION OR ENFORCEMENT AUTHORITY FROM 10
ENFORCING ANY PROVISIONS OF ANY RELIGIOUS CODE; AND FOR RELATED 11
PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 11-63-1, Mississippi Code of 1972, is 14
amended as follows: 15
11-63-1. (1) In this section, "foreign law" means any law, 16
rule, legal code or legal system other than the constitution, laws 17
and ratified treaties of the United States and the territories of 18
the United States, the constitution and laws of another state of 19
the United States, Native American tribal law, the Mississippi 20
Constitution of 1890, and the laws of this state. 21
(2) A court, arbitrator, administrative agency or other 22
adjudicative, mediation or enforcement authority shall not enforce 23
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a foreign law if doing so would violate a right guaranteed to a 24
natural person by the United States Constitution or the 25
Mississippi Constitution of 1890. 26
(3) The court may award to the party opposing recognition or 27
enforcement of foreign law a reasonable attorney's fee if the 28
party prevails in the action or proceeding. 29
SECTION 2. The following shall be codified as Section 30
11-63-3, Mississippi Code of 1972: 31
11-63-3. (1) (a) A contract provision involving the 32
marriage relationship which provides that a foreign law is to 33
govern a dispute arising under the contract is void to the extent 34
that the application of the foreign law to the dispute would 35
violate a fundamental right guaranteed by the United States 36
constitution or the constitution of this state. 37
(b) A contract provision involving the marriage 38
relationship providing that the forum to resolve a dispute arising 39
under the contract is located outside the states and territories 40
of the United States is void if the foreign law that would be 41
applied to the dispute in that forum would, as applied, violate a 42
fundamental right guaranteed by the United States Constitution or 43
the Mississippi Constitution of 1890. 44
(2) (a) A ruling or decision of a court, arbitrator, or 45
administrative adjudicator in a suit affecting the parent-child 46
relationship may not be based on a foreign law if the application 47
of that law would violate a fundamental right guaranteed by the 48
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United States Constitution or the Mississippi Constitution of 1890 49
or a statute of this state. 50
(b) A contract provision involving the parent-child 51
relationship providing that a foreign law is to govern a dispute 52
arising under the contract is void to the extent that the 53
application of the foreign law to the dispute would violate a 54
fundamental right guaranteed by the United States Constitution or 55
the Mississippi Constitution of 1890. 56
(c) A contract provision involving the parent-child 57
relationship providing that the forum to resolve a dispute arising 58
under the contract is located outside the states and territories 59
of the United States is void if the foreign law that would be 60
applied to the dispute in that forum would, as applied, violate a 61
fundamental right guaranteed by the United States Constitution or 62
the Mississippi Constitution of 1890. 63
SECTION 3. The following shall be codified as Section 64
11-63-5, Mississippi Code of 1972: 65
11-63-5. This chapter does not apply to a corporation or 66
other legal entity that contracts to subject itself to foreign law 67
in a jurisdiction other than this state or the United States. 68
SECTION 4. The following shall be codified as Section 69
11-63-7, Mississippi Code of 1972: 70
11-63-7. A court, arbitrator, administrative agency or other 71
adjudicative, mediation or enforcement authority shall not enforce 72
any provisions of any religious code. 73
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ST: Foreign laws; authorize attorney's fees in
certain actions, prohibit certain application
of, prohibit enforcement of religious codes.
SECTION 5. This act shall take effect and be in force from 74
and after July 1, 2026. 75