Creates the "No Shari'a Act" relating to the enforceability of certain foreign laws

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Creates the "No Shari'a Act" relating to the enforceability of certain foreign laws

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1372 - This act creates the "No Shari'a Act".

What This Bill Does

• The following summaries of this bill are available: Print All Summaries Introduced Print SB 1372 - This act creates the "No Shari'a Act".
• No court shall enforce a judgment, decree, or arbitration decision if it relies on Shari'a or any foreign law that violates the constitutional rights of any party.
• A contract provision choosing foreign law shall be valid unless enforcement would result in a violation of constitutional rights.
• Finally, in family law matters, no court shall apply or enforce foreign law if inconsistent with fundamental rights or public policy.

Limits and Unknowns

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Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

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SB 1372 - This act creates the "No Shari'a Act". No court shall enforce a judgment, decree, or arbitration decision if it relies on Shari'a or any foreign law that violates the constitutional rights of any party. A contract provision choosing foreign law shall be valid unless enforcement would result in a violation of constitutional rights. Finally, in family law matters, no court shall apply or enforce foreign law if inconsistent with fundamental rights or public policy.
KATIE O'BRIEN

Current Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 1372
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
5830S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 1, RSMo, by adding thereto one new section relating to sovereign authority of
the state of Missouri.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto 1
one new section, to be known as section 1.202, to read as 2
follows:3
1.202. 1. This section shall be known and may be 1
cited as the "No Shari'a Act". 2
2. As used in this section, the following terms shall 3
mean: 4
(1) "Foreign law", any law, legal code, or system 5
derived from a jurisdiction outside the United States or its 6
territories, including religious law when invoked as a 7
substitute for a state or federal law; 8
(2) "Fundamental rights", rights guaranteed by the 9
Constitution of Missouri and the Constitution of the United 10
States, including, but not limited to, due process, equal 11
protection, freedom of religion, freedom of speech, and 12
rights related to marriage, child custody, and property. 13
3. (1) No court shall enforce a judgment, decree, or 14
arbitration decision if it relies, in whole or in part, on 15
Shari'a or any foreign law that violates the constitutional 16
rights of any party. 17
SB 1372 2
(2) A contract provision choosing foreign law shall be 18
valid unless enforcement would result in a violation of 19
constitutional rights. 20
(3) In matters involving marriage, divorce, child 21
custody, adoption, or inheritance, no court shall apply or 22
enforce foreign law if inconsistent with fundamental rights 23
or public policy. 24
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