Senate Bill 2129

AN ACT TO AMEND SECTION 11-63-1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COURT TO AWARD ATTORNEY'S FEES TO A PARTY OPPOSING RECOGNITION OR ENFORCEMENT OF FOREIGN LAW; TO CREATE NEW SECTION 11-63-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE APPLICATION OF FOREIGN LAW IN DIVORCE AND CHILD CUSTODY CASES; TO CREATE NEW SECTION 11-63-5, MISSISSIPPI CODE OF 1972, TO CLARIFY EXEMPTION FROM THE LAW OF BUSINESS CONTRACTS ENTERED INTO BY MISSISSIPPI BUSINESSES; TO CREATE NEW SECTION 11-63-7, MISSISSIPPI CODE OF 1972, TO PROHIBIT A COURT, ARBITRATOR, ADMINISTRATIVE AGENCY OR OTHER ADJUDICATIVE, MEDIATION OR ENFORCEMENT AUTHORITY FROM ENFORCING ANY PROVISIONS OF ANY RELIGIOUS CODE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. 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 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 court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed to a natural person by the United States Constitution or the Mississippi Constitution of 1890.

(3) The court may award to the party opposing recognition or enforcement of foreign law a reasonable attorney's fee if the party prevails in the action or proceeding.

SECTION 2. 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 Mississippi Constitution of 1890.

(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 Mississippi Constitution of 1890 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 Mississippi Constitution of 1890.

(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 Mississippi Constitution of 1890.

SECTION 3. The following shall be codified as Section 11-63-5, Mississippi Code of 1972:

11-63-5. This chapter does not apply to a corporation or other legal entity that contracts to subject itself to foreign law in a jurisdiction other than this state or the United States.

SECTION 4. The following shall be codified as Section 11-63-7, Mississippi Code of 1972:

11-63-7. A court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce any provisions of any religious code.

SECTION 5. This act shall take effect and be in force from and after July 1, 2026.