Protection of Rights granted by the U.S. and S.C. Constitutions

2025-2026 Bill 4671: Protection of Rights granted by the U.S. and S.C. Constitutions - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4671
STATUS INFORMATION
General Bill
Sponsors: Reps. Edgerton, Magnuson, Terribile, Kilmartin, White, Beach, McCravy, Frank, Long, Cromer, Gilreath, Oremus, Pace, D. Mitchell, Lastinger, Duncan and Willis
Document Path: LC-0344DG26.docx
Introduced in the House on January 13, 2026
Currently residing in the House
Summary: Protection of Rights granted by the U.S. and S.C. Constitutions
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 52
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 52
)

1/14/2026

House

Member(s) request name added as sponsor: Terribile

3/4/2026

House

Member(s) request name added as sponsor:
Kilmartin, White, Beach

3/31/2026

House

Member(s) request name added as sponsor: McCravy,
Frank, Long, Cromer, Gilreath, Oremus,
Pace, D. Mitchell, Lastinger

4/23/2026

House

Member(s) request name added as sponsor: Duncan

5/6/2026

House

Member(s) request name added as sponsor: Willis

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

To amend the South carolina code of laws by adding Article
29 to chapter 1, Title 1 so as to provide for the protection of Rights and
privileges under the United States and South Carolina Constitutions.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
T
he General Assembly finds that:

(
1) It must be the
public policy of this State to protect its citizens from the application of
foreign laws when the application of such law will result in the violation of a
right guaranteed by the Constitution of this State and of the United States
including, but not limited to, due process, freedom of religion, speech, or
press, and any right of privacy or marriage as specifically defined by the Constitution
of this State.

(
2) It fully
recognizes the right to contract freely under the laws of this State, and also
recognizes that this right may be reasonable and rationally circumscribed
pursuant to the state's interest to protect and promote rights and privileges
granted under the United States and South Carolina constitutions including, but
not limited to, due process, freedom of religion, speech, or press, and any
right of privacy or marriage as specifically defined by the Constitution of
this State.

S
ECTION 2.
C
hapter 1, Title 1 of the S.C. Code is amended by
adding:

A
rticle 29

P
rotection of Rights and Privileges under the United
States and South Carolina Constitutions

S
ection
1-1-1810
.
A
s used in this article:

(
1)
"Court" means any court, board, administrative agency, or other adjudicative or
enforcement authority of this State.

(
2)
"Foreign law, legal code, or system" means any law, legal code, or system of
jurisdiction outside of any state or territory of the United States including,
but not limited to, international organizations and tribunals, and applied by
that jurisdiction's courts, administrative bodies, or other formal or informal
tribunals. For the purposes of the article, "foreign" shall not mean, nor
shall it include, any laws of the Native American tribes of this State.

(
3)
"Religious Organization" means any church, seminary, synagogue, temple, mosque,
religious order, religious corporation, association, or society, whose identity
is distinctive in terms of common religious creed, beliefs, doctrines,
practices, or rituals, of any faith or denomination, including an organization qualifying
as a church or religious organization under section 501(c)(3) or 501(d) of the
United States Internal Revenue Code.

S
ection
1-1-1820
.
(
A) Any court,
arbitration, tribunal, or administrative agency ruling or decision shall
violate the public policy of this State and be void and unenforceable if the
court, arbitration, tribunal, or administrative agency bases its rulings or
decisions in the matter at issue in whole or in part on any law, legal code, or
system that would not grant the parties affected by the ruling or decision the
same fundamental liberties, rights, and privileges granted under the United
States and South Carolina constitutions including, but not limited to, due
process, freedom of religion, speech, or press, and any right of privacy or
marriage as specifically defined by the constitution of this State.

(
B) A
contract or contractual provision, if severable, that provides for the choice
of a law, legal code, or system to govern some or all of the disputes between
the parties adjudicated by a court of law or by an arbitration panel arising
from the contract mutually agreed upon shall violate the public policy of this
State and be void and unenforceable if the law, legal code, or system chosen
includes or incorporates any substantive or procedural law, as applied to the
dispute at issue, that would not grant the parties the same fundamental
liberties, rights, and privileges granted under the United States and South
Carolina constitutions including, but not limited to, due process, freedom of
religion, speech, or press, and any right of privacy or marriage as
specifically defined by the constitution of this State.

(
C) A
contract or contractual provision, if severable, that provides for a
jurisdiction for purposes of granting the courts or arbitration panels in
personam jurisdiction over the parties to adjudicate any disputes between
parties arising from the contract mutually agreed upon shall violate the public
policy of this State and be void and unenforceable if the jurisdiction chosen
includes any law, legal code, or system, as applied to the dispute at issue,
that would not grant the parties the same fundamental liberties, rights, and
privileges granted under the United States and South Carolina constitutions including,
but not limited to, due process, freedom of religion, speech, or press, and any
right of privacy or marriage as specifically defined by the constitution of
this State. If a resident of this State, subject to personal jurisdiction in
this State, seeks to maintain litigation, arbitration, agency, or similarly
binding proceedings in this State and if the courts of this State find that
granting a claim of forum non conveniens or a related claim violates or would
likely violate the fundamental liberties, rights, and privileges granted under
the United States and South Carolina constitutions of the nonclaimant in the
foreign forum with respect to the matter in dispute, then it is the public
policy of this State that the claim must be denied.

(
D) No
court or arbitrator shall interpret this section to limit the right of any
person to the free exercise of religion as guaranteed by the First Amendment to
the United States Constitution and by the Constitution of this State. No court
shall interpret this section to require or authorize any court to adjudicate,
or prohibit any religious organization from adjudicating, ecclesiastical
matters including, but not limited to, the election, appointment, calling,
discipline, dismissal, removal or excommunication of a member, officer,
official, priest, nun, monk, pastor, rabbi, imam or member of the clergy, of
the religious organization, or determination or interpretation of the doctrine
of the religious organization, where adjudication by a court would violate the
prohibition of the establishment clause of the First Amendment of the United
States, or violate the Constitution of this State.

(
E) This
section shall not be interpreted by any court to conflict with any federal
treaty or other international agreement to which the United States is a party
to the extent that such treaty or international agreement preempts or is
superior to state law on the matter at issue.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:38 PM