MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary A
By: Representative Ford (73rd)
AN ACT TO CREATE THE MISSISSIPPI SUPREMACY CLAUSE ENFORCEMENT ACT; TO PROHIBIT THE APPLICATION OF SHARIA LAW IN MISSISSIPPI COURTS; TO PROVIDE LEGISLATIVE FINDINGS AND LEGISLATIVE INTENT; TO CREATE NEW SECTION 11-63-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CONTRACTS THAT PROVIDE FOR THE APPLICATION OF FOREIGN LAWS, INCLUDING SHARIA LAWS, ARE VOID; TO AMEND SECTION 11-63-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY ADMINISTRATIVE OR COURT ORDER THAT SEEKS TO ENFORCE FOREIGN LAWS SHALL BE VOID; TO AMEND SECTION 11-7-301, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "FOREIGN" COURT ORDER; TO AMEND SECTION 93-9-30, MISSISSIPPI CODE OF 1972, TO CLARIFY THE EXCLUSION OF FOREIGN LAW FROM FULL FAITH AND CREDIT FOR ISSUES OF PATERNITY; TO AMEND SECTIONS 11-61-1, 11-62-5, 11-62-7 AND 11-62-15, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 89-8-11, MISSISSIPPI CODE OF 1972, TO PROHIBIT A LANDLORD FROM ADOPTING LEASE TERMS THAT APPLY FOREIGN LAWS; TO AMEND SECTION 87-7-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTIONS 11-62-17, 11-62-9 AND 11-62-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR FREEDOM OF CONSCIENCE, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 11-62-11, MISSISSIPPI CODE OF 1972, FOR CODEBOOK UPDATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the " Mississippi United States Supremacy Clause Enforcement Act".
SECTION 2. (1) The Legislature finds the following:
(a) The Constitution of the United States is and must remain the supreme law of the land, and no foreign law or foreign legal system may be permitted to undermine it;
(b) Attempts to apply foreign law, including religious or international codes, in American courts risk eroding constitutional protections, particularly in matters of family law, contract law, and civil rights;
(c) Safeguarding constitutional rights is especially urgent in cases involving women, children, and vulnerable populations who may face coercion or unequal treatment under foreign legal systems;
(d) While individuals are free to practice their religion and observe personal codes voluntarily, United States courts must never enforce or give effect to laws that conflict with fundamental liberties guaranteed by the Constitution;
(e) This act is necessary to reaffirm and protect the rights of all citizens by ensuring that only American laws govern American courts, and Mississippi laws govern Mississippi courts;
(f) The Supremacy Clause of the Constitution requires state and federal courts to apply United States law above any foreign law;
(g) In certain judicial and arbitration cases, parties have sought to apply foreign law contrary to United States and Mississippi constitutional guarantees; and
(h) Clear and uniform rules are needed to prevent erosion of constitutional protections in this state.
(2) Legislative intent. It is the intent of the Mississippi Legislature to:
(a) Prohibit the enforcement of any foreign law that infringes on constitutional rights;
(b) Affirm that Mississippi courts must rely solely on state and federal law; and
(c) Provide certainty and clarity in the application of constitutional protections nationwide.
SECTION 3. The following shall be codified as Section 11-63-3, Mississippi Code of 1972:
11-63-3. (1) (a) A contract provision involving the marriage relationship which provides that a foreign law is to govern a dispute arising under the contract is void to the extent that the application of the foreign law to the dispute would violate a fundamental right guaranteed by the United States Constitution or the constitution of this state.
(b) A contract provision involving the marriage relationship providing that the forum to resolve a dispute arising under the contract is located outside the states and territories of the United States is void if the foreign law that would be applied to the dispute in that forum would, as applied, violate a fundamental right guaranteed by the United States Constitution or the constitution of this state.
(2) (a) A ruling or decision of a court, arbitrator, or administrative adjudicator in a suit affecting the parent-child relationship may not be based on a foreign law if the application of that law would violate a fundamental right guaranteed by the United States Constitution or the constitution or a statute of this state.
(b) A contract provision involving the parent-child relationship providing that a foreign law is to govern a dispute arising under the contract is void to the extent that the application of the foreign law to the dispute would violate a fundamental right guaranteed by the United States Constitution or the constitution of this state.
(c) A contract provision involving the parent-child relationship providing that the forum to resolve a dispute arising under the contract is located outside the states and territories of the United States is void if the foreign law that would be applied to the dispute in that forum would, as applied, violate a fundamental right guaranteed by the United States Constitution or the constitution of this state.
(3) (a) No court shall enforce a judgment, decree, or arbitration decision if it relies, in whole or in part, on any foreign law that violates state or federal law or the Mississippi Constitution.
(b) No court shall apply or enforce foreign law if inconsistent in matters involving marriage, divorce, child custody, adoption, or inheritance that violates state or federal law or the Mississippi Constitution.
SECTION 4. Section 11-63-1, Mississippi Code of 1972, is amended as follows:
11-63-1. (1) In this section, "foreign law" means any law, rule, legal code or legal system other than the United States constitution, laws and ratified treaties of the United States and the territories of the United States, the constitution and laws of another state of the United States, Native American tribal law, the Mississippi Constitution of 1890, and the laws of this state.
(2) (a) A
court, arbitrator, administrative agency or other adjudicative, mediation or
enforcement authority shall not enforce a foreign law * * * that violates the
Mississippi Constitution, any laws of this state, the United States
Constitution, any laws or ratified treaties of the United States and the
territories of the United States guaranteed to a natural person by the United
States Constitution or the Mississippi Constitution of 1890.
(b) Any order by a court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority that seeks to enforce any foreign law in violation of paragraph (a) of this subsection (2) shall be void.
SECTION 5. Section 11-7-301, Mississippi Code of 1972, is amended as follows:
11-7-301. In Sections 11-7-301
through 11-7-309 "foreign judgment" means any judgment, decree or
order of a court of the United States * * *. The term "foreign judgment"
shall not mean or include any judgment, decree or order from any jurisdiction
outside of the United States or its territories, or any judgement from another
state or territory of the United States that applies law from a jurisdiction
outside of the United States or its territories.
SECTION 6. Section 93-9-30, Mississippi Code of 1972, is amended as follows:
93-9-30. In any proceeding
in Mississippi, either before a court or administrative tribunal, wherein the
question of paternity may arise, and a determination or adjudication of
paternity has been made through either a voluntary acknowledgement procedure,
an administrative determination or a judicial order in another state or
jurisdiction of the United States, then upon certification of that
determination or adjudication by competent administrative or judicial authority
of such state or jurisdiction, the court or administrative tribunal in
Mississippi shall give full faith and credit to that * * * determination or adjudication, and it
shall be conclusive proof of its substance; however, such full faith and
credit shall not be given to any foreign law as provided in Section 11-61-1.
SECTION 7. Section 11-61-1, Mississippi Code of 1972, is amended as follows:
11-61-1. (1) This section shall be known and may be cited as the Mississippi Religious Freedom Restoration Act.
(2) The Mississippi Legislature finds the following:
(a) The framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;
(b) Laws "neutral" toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise;
(c) Government should not substantially burden religious exercise without compelling justification;
(d) In Employment Division v. Smith, 494 U.S. 872 (1990), the United States Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and
(e) The compelling interest test as set forth in prior federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.
(3) The purposes of this section are as follows:
(a) To restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963), and Wisconsin v. Yoder, 406 U.S. 205 (1972), and to guarantee its application in all cases where free exercise of religion is substantially burdened; and
(b) To provide a claim or defense to persons whose religious exercise is substantially burdened by government.
(4) As used in this section, the following words shall have the following meanings:
(a) "Government" means any branch, department, agency, instrumentality or political subdivision of the State of Mississippi and any official or other person acting under color of law of the State of Mississippi.
(b) "Demonstrates" means to meet the burdens of going forward with the evidence and of persuasion.
(c) "Exercise of religion" means the exercise of religion under the First Amendment to the Constitution.
(5) (a) Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in paragraph (b) of this subsection.
(b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person:
(i) Is in furtherance of a compelling governmental interest; and
(ii) Is the least restrictive means of furthering that compelling governmental interest.
(6) A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the government, as defined by subsection (4) of this section. Standing to assert a claim or defense under this section shall be the same as the general rules of standing under Article III of the United States Constitution.
(7) (a) This section applies to all state laws, rules, regulations and any municipal or county ordinances, rules or regulations and the implementation of those laws, whether statutory or otherwise, and whether adopted before or after July 1, 2014.
(b) Any such law, rule, regulation or ordinances adopted after July 1, 2014, shall be subject to this section unless such law explicitly excludes such application by reference to this section.
(8) Nothing in this section
shall be construed to authorize any * * * religious
practice that conflicts with state law, the Mississippi Constitution or the
United States Constitution.
(9) Nothing in this section shall be construed to affect, interpret, or in any way address that portion of the First Amendment prohibiting laws respecting the establishment of religion. Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this section. As used in this subsection, the term "granting," used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.
(10) Nothing in this section shall create any rights by an employee against an employer if the employer is not the government.
SECTION 8. Section 11-62-5, Mississippi Code of 1972, is amended as follows:
11-62-5. (1) The state government shall not take any discriminatory action against a religious organization wholly or partially on the basis that such organization:
(a) Solemnizes or declines to solemnize any marriage, or provides or declines to provide services, accommodations, facilities, goods or privileges for a purpose related to the solemnization, formation, celebration or recognition of any marriage, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3;
(b) Makes any employment related decision including, but not limited to, the decision whether or not to hire, terminate or discipline an individual whose conduct or religious beliefs are inconsistent with those of the religious organization, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3; or
* * *
(2) The state government shall not take any discriminatory action against a religious organization that advertises, provides or facilitates adoption or foster care, wholly or partially on the basis that such organization has provided or declined to provide any adoption or foster care service, or related service, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3.
(3) The state government shall not take any discriminatory action against a person who the state grants custody of a foster or adoptive child, or who seeks from the state custody of a foster or adoptive child, wholly or partially on the basis that the person guides, instructs or raises a child, or intends to guide, instruct, or raise a child based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3, unless such belief violates the provisions of this act.
(4) The state government shall not take any discriminatory action against a person wholly or partially on the basis that the person declines to participate in the provision of treatments, counseling, or surgeries related to sex reassignment or gender identity transitioning or declines to participate in the provision of psychological, counseling, or fertility services based upon a sincerely held religious belief or moral conviction described in Section 11-62-3. This subsection (4) shall not be construed to allow any person to deny visitation, recognition of a designated representative for health care decision making, or emergency medical treatment necessary to cure an illness or injury as required by law.
(5) The state government shall not take any discriminatory action against a person wholly or partially on the basis that the person has provided or declined to provide the following services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, celebration, or recognition of any marriage, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3:
(a) Photography, poetry, videography, disc jockey services, wedding planning, printing, publishing or similar marriage related goods or services; or
(b) Floral arrangements, dress making, cake or pastry artistry, assembly hall or other wedding venue rentals, limousine or other car service rentals, jewelry sales and services, or similar marriage related services, accommodations, facilities or goods.
(6) The state government shall not take any discriminatory action against a person wholly or partially on the basis that the person establishes sex specific standards or policies concerning employee or student dress or grooming, or concerning access to restrooms, spas, baths, showers, dressing rooms, locker rooms, or other intimate facilities or settings, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3.
(7) The state government shall not take any discriminatory action against a state employee wholly or partially on the basis that such employee lawfully speaks or engages in expressive conduct based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3, so long as:
(a) If the employee's speech or expressive conduct occurs in the workplace, that speech or expressive conduct is consistent with the time, place, manner and frequency of any other expression of a religious, political, or moral belief or conviction allowed; or
(b) If the employee's speech or expressive conduct occurs outside the workplace, that speech or expressive conduct is in the employee's personal capacity and outside the course of performing work duties.
(8) (a) Any person employed or acting on behalf of the state government who has authority to authorize or license marriages, including, but not limited to, clerks, * * * registrar of deeds or their deputies, may seek recusal from authorizing or licensing lawful marriages based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3. Any person making such recusal shall provide prior written notice to the State Registrar of Vital Records who shall keep a record of such recusal, and the state government shall not take any discriminatory action against that person wholly or partially on the basis of such recusal. The person who is recusing himself or herself shall take all necessary steps to ensure that the authorization and licensing of any legally valid marriage is not impeded or delayed as a result of any recusal.
(b) Any person employed or acting on behalf of the state government who has authority to perform or solemnize marriages, including, but not limited to, judges, magistrates, justices of the peace or their deputies, may seek recusal from performing or solemnizing lawful marriages based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in Section 11-62-3. Any person making such recusal shall provide prior written notice to the Administrative Office of Courts, and the state government shall not take any discriminatory action against that person wholly or partially on the basis of such recusal. The Administrative Office of Courts shall take all necessary steps to ensure that the performance or solemnization of any legally valid marriage is not impeded or delayed as a result of any recusal.
SECTION 9. Section 11-6-7, Mississippi Code of 1972, is amended as follows:
11-62-7. (1) As used in this chapter, discriminatory action includes any action taken by the state government to:
(a) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person referred to in Section 11-62-5;
(b) Disallow, deny or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by such person;
(c) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to such person;
(d) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to such person;
(e) Impose, levy or assess a monetary fine, fee, penalty or injunction;
(f) Withhold, reduce,
exclude, terminate, materially alter the terms or conditions of, or otherwise
make unavailable or deny any license, certification, accreditation, * * *, diploma, grade,
recognition, or other similar benefit, position, or status from or to any
person; or
(g) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, materially alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person employed or commissioned by the state government.
(2) The state government shall consider accredited, licensed or certified any person that would otherwise be accredited, licensed or certified, respectively, for any purposes under state law but for a determination against such person wholly or partially on the basis that the person believes, speaks or acts in accordance with a sincerely held religious belief or moral conviction described in Section 11-62-3.
SECTION 10. Section 11-62-15, Mississippi Code of 1972, is amended as follows:
11-62-15. (1) This chapter
shall be construed in favor of * * * protection of the free exercise
of religious beliefs and moral convictions, to the * * * extent * * * authorized by the state and
federal constitutions.
(2) The protection of free exercise of religious beliefs and moral convictions afforded by this chapter are in addition to the protections provided under federal law, state law, and the state and federal constitutions. Nothing in this chapter shall be construed to preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs or moral convictions. Nothing in this chapter shall be construed to narrow the meaning or application of any state or local law protecting free exercise of religious beliefs or moral convictions. Nothing in this chapter shall be construed to prevent the state government from providing, either directly or through an individual or entity not seeking protection under this chapter, any benefit or service authorized under state law.
(3) * * *
This chapter shall not be construed to authorize the application of foreign
law that violates state or federal law or the Mississippi or United States
Constitution.
SECTION 11. Section 89-8-11, Mississippi Code of 1972, is amended as follows:
89-8-11. (1) A landlord may, from time to time, adopt written rules or regulations, however described, concerning the tenant's use and occupancy of the premises. They are enforceable against the tenant only if:
(a) Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abuse, or make a fair distribution of services and facilities provided for the tenants generally;
(b) They are reasonably related to the purpose for which they are adopted;
(c) They apply to all tenants in the premises in a fair manner;
(d) They are sufficiently explicit in their prohibition, direction or limitation of the tenant's conduct to fairly inform what must or must not be done to comply;
(e) They are not for
the purpose of evading the obligations of the landlord * * *; or
(f) They are not foreign laws that conflict with state or federal law or violate rights provided by the Mississippi Constitution or the United States Constitution.
(2) A rule or regulation adopted or amended after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption or amendment is given to the tenant and it does not work a substantial modification of the rental agreement.
(3) If the dwelling unit is an apartment in a horizontal property regime, the tenant shall comply with the bylaws of the association of the apartment owners; and if the dwelling unit is an apartment in a cooperative housing corporation, the tenant shall comply with the bylaws of the corporation.
(4) Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit.
SECTION 12. Section 87-7-9, Mississippi Code of 1972, is amended as follows:
87-7-9. (1) A provision in any contract, subcontract, or purchase order for the improvement of real property in this state, or to provide materials therefor, is void and against public policy if it makes the contract, subcontract, or purchase order subject to the laws of another state, another country or provides that the exclusive forum for any litigation, arbitration, or other dispute resolution process be located in another state.
(2) The provisions of this section apply only to contracts, agreements and purchase orders:
(a) Entered into on or after July 1, 2018;
(b) Only if at least one (1) of the parties is a Mississippi resident; and
(c) Only if entered into between any two (2) or more of the following persons and no others: the owner of the real property improved or to be improved, a contractor, subcontractor, materialman or design professional. As used in this section, "contractor," "subcontractor," "materialman" and "design professional" shall have the meanings ascribed in Section 8-7-401.
(3) For purposes of this section, "Mississippi resident" means any natural person domiciled in Mississippi or any business entity having a principal place of business in Mississippi.
SECTION 13. Section 11-62-17, Mississippi Code of 1972, is brought forward as follows:
11-62-17. As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(1) "State benefit program" means any program administered or funded by the state, or by any agent on behalf of the state, providing cash, payments, grants, contracts, loans or in kind assistance.
(2) "State government" means:
(a) The State of Mississippi or a political subdivision of the state;
(b) Any agency of the state or of a political subdivision of the state, including a department, bureau, board, commission, council, court or public institution of higher education;
(c) Any person acting under color of state law; and
(d) Any private party or third party suing under or enforcing a law, ordinance, rule or regulation of the state or political subdivision of the state.
(3) "Person" means:
(a) A natural person, in his or her individual capacity, regardless of religious affiliation or lack thereof, or in his or her capacity as a member, officer, owner, volunteer, employee, manager, religious leader, clergy or minister of any entity described in this section;
(b) A religious organization;
(c) A sole proprietorship, or closely held company, partnership, association, organization, firm, corporation, cooperative, trust, society or other closely held entity operating with a sincerely held religious belief or moral conviction described in this chapter; or
(d) Cooperatives, ventures or enterprises comprised of two (2) or more individuals or entities described in this subsection.
(4) "Religious organization" means:
(a) A house of worship, including, but not limited to, churches, synagogues, shrines, mosques and temples;
(b) A religious group, corporation, association, school or educational institution, ministry, order, society or similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship; and
(c) An officer, owner, employee, manager, religious leader, clergy or minister of an entity or organization described in this subsection (4).
(5) "Adoption or foster care" or "adoption or foster care service" means social services provided to or on behalf of children, including:
(a) Assisting abused or neglected children;
(b) Teaching children and parents occupational, homemaking and other domestic skills;
(c) Promoting foster parenting;
(d) Providing foster homes, residential care, group homes or temporary group shelters for children;
(e) Recruiting foster parents;
(f) Placing children in foster homes;
(g) Licensing foster homes;
(h) Promoting adoption or recruiting adoptive parents;
(i) Assisting adoptions or supporting adoptive families;
(j) Performing or assisting home studies;
(k) Assisting kinship guardianships or kinship caregivers;
(l) Providing family preservation services;
(m) Providing family support services; and
(n) Providing temporary family reunification services.
SECTION 14. Section 11-62-9, Mississippi Code of 1972, is brought forward as follows:
11-62-9. (1) A person may assert a violation of this chapter as a claim against the state government in any judicial or administrative proceeding or as defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person or any other party.
(2) An action under this chapter may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
(3) Violations of this chapter which are properly governed by Chapter 46, Title 11, Mississippi Code of 1972, shall be brought in accordance with that chapter.
SECTION 15. Section 11-62-11, Mississippi Code of 1972, is brought forward as follows:
11-62-11. An aggrieved person must first seek injunctive relief to prevent or remedy a violation of this chapter or the effects of a violation of this chapter. If injunctive relief is granted by the court and the injunction is thereafter violated, then and only then may the aggrieved party, subject to the limitations of liability set forth in Section 11-46-15, seek the following:
(a) Compensatory damages for pecuniary and nonpecuniary losses;
(b) Reasonable attorneys' fees and costs; and
(c) Any other appropriate relief, except that only declaratory relief and injunctive relief shall be available against a private person not acting under color of state law upon a successful assertion of a claim or defense under this chapter.
SECTION 16. Section 11-62-13, Mississippi Code of 1972, is brought forward as follows:
11-62-13. A person must bring an action to assert a claim under this chapter not later than two (2) years after the date that the person knew or should have known that a discriminatory action was taken against that person.
SECTION 17. This act shall take effect and be in force from and after July 1, 2026.