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SECOND REGULAR SESSION
SENATE BILL NO. 1456
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
6360S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 506, RSMo, by adding thereto one new section relating to the laws of other
countries.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 506, RSMo, is amended by adding thereto 1
one new section, to be known as section 506.600, to read as 2
follows:3
506.600. 1. This section shall be known as the "Civil 1
Liberties Defense Act". The Missouri general assembly finds 2
that it shall be the public policy of this state to protect 3
its citizens from the application of foreign laws when the 4
application of a foreign law will result in the violation of 5
a right protected by the Constitution of Missouri and the 6
Constitution of the United States, including, but not 7
limited to, due process, freedom of religion, speech, or 8
press, and any right of privacy. 9
2. The Missouri general assembly fully recognizes the 10
right to contract freely under the laws of this state, and 11
also recognizes that this right may be reasonably and 12
rationally circumscribed under the state's interest to 13
protect and promote rights and privileges protected under 14
the Constitution of Missouri and the Constitution of the 15
United States including, but not limited to, due process, 16
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freedom of religion, speech, or press, and any right of 17
privacy. 18
3. As used in this section, the following terms mean: 19
(1) "Court", any court, board, administrative agency, 20
or other adjudicative or enforcement authority of this state; 21
(2) "Foreign law, legal code, or system", any law, 22
legal code, or system of a jurisdiction outside of any state 23
or territory of the United States including, but not limited 24
to, international organizations and tribunals, and applied 25
by that jurisdiction's courts, administrative bodies, or 26
other formal or informal tribunals; 27
(3) "Religious organization", any church, seminary, 28
synagogue, temple, mosque, religious order, religious 29
corporation, association, or society whose identity is 30
distinctive in terms of common religious creed, beliefs, 31
doctrines, practices, or rituals of any faith or 32
denomination, including any organization qualifying as a 33
church or religious organization under Section 501(c)(3) or 34
501(d) of the Internal Revenue Code of 1986, as amended. 35
4. Any court, arbitration, tribunal, or administrative 36
agency ruling or decision shall violate the public policy of 37
this state and be void and unenforceable if the court, 38
arbitration, tribunal, or administrative agency bases its 39
rulings or decisions in the matter at issue in whole or in 40
part on any foreign law, legal code, or system that is 41
repugnant or inconsistent with the Constitution of Missouri 42
and the Constitution of the United States. 43
5. A contract or contractual provisions, if capable of 44
segregation, which provides for the choice of a law, legal 45
code, or system to govern some or all of the disputes 46
between the parties adjudicated by a court of law or by an 47
arbitration panel arising from the contract mutually agreed 48
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upon shall violate the public policy of this state and be 49
void and unenforceable if the foreign law, legal code, or 50
system chosen includes or incorporates any substantive or 51
procedural law, as applied to the dispute at issue, that is 52
repugnant or inconsistent with the Constitution of Missouri 53
and the Constitution of the United States. 54
6. (1) A contract or contractual provisions, if 55
capable of segregation, which provides for a jurisdiction 56
for purposes of granting the courts or arbitration panels in 57
personam jurisdiction over the parties to adjudicate any 58
disputes between parties arising from the contract mutually 59
agreed upon shall violate the public policy of this state 60
and be void and unenforceable if the jurisdiction chosen 61
includes any foreign law, legal code, or system, as applied 62
to the dispute at issue, that is repugnant or inconsistent 63
with the Constitution of Missouri and the Constitution of 64
the United States. 65
(2) If a resident of this state, subject to personal 66
jurisdiction in this state, seeks to maintain litigation, 67
arbitration, agency, or similarly binding proceedings in 68
this state and if the courts of this state find that 69
granting a claim of forum non conveniens or a related claim 70
violates or would likely violate rights protected under the 71
Constitution of Missouri and the Constitution of the United 72
States of the nonclaimant in the foreign forum with respect 73
to the matter in dispute, then it is the public policy of 74
this state that the claim shall be denied. 75
7. Without prejudice to any legal right, this section 76
shall not apply to a corporation, partnership, limited 77
liability company, business association, or other legal 78
entity that contracts to subject itself to foreign law in a 79
jurisdiction other than this state or the United States. 80
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8. No court or arbitrator shall interpret this section 81
to limit the right of any person to the free exercise of 82
religion as guaranteed by the First Amendment to the 83
Constitution of the United States and by the Constitution of 84
Missouri. No court shall interpret this section to require 85
or authorize any court to adjudicate or prohibit any 86
religious organization from adjudicating ecclesiastical 87
matters including, but not limited to, the election, 88
appointment, calling, dismissal, removal, or excommunication 89
of a member, officer, official, priest, nun, monk, pastor, 90
rabbi, imam, or member of the clergy of the religious 91
organization or determination or interpretation of the 92
doctrine of the religious organization where adjudication by 93
a court would violate the constitution of this state or the 94
prohibition of the Establishment Clause of the First 95
Amendment to the Constitution of the United States. 96
9. This section shall not be interpreted by any court 97
to conflict with any federal treaty or other international 98
agreement to which the United States is a party to the 99
extent that such treaty or international agreement preempts 100
or is superior to state law on the matter at issue. 101
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