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.
The passage of HB604 would significantly impact Mississippi's legal landscape by ensuring that only state and federal laws govern judicial proceedings. Specifically, it prohibits the enforcement of contracts or court orders that are based on foreign law, which could potentially infringe on constitutional rights. This is particularly relevant in matters concerning marriage, child custody, and inheritance laws, where the application of foreign legal tenets could undermine individuals' rights as afforded by the Mississippi and United States constitutions.
House Bill 604, also known as the Mississippi Supremacy Clause Enforcement Act, aims to prohibit the application of foreign laws, specifically targeting Sharia law, within Mississippi courts. The bill establishes that any contract that allows for the enforcement of foreign laws, including religious laws, is void. It emphasizes the supremacy of the Constitution of the United States and state laws over any foreign legal systems, aiming to safeguard citizens' constitutional rights, particularly in family law matters where coercion may arise.
The bill has sparked notable contention among lawmakers and community members. Proponents argue that it is necessary to protect constitutional rights, particularly for vulnerable populations who may be subjected to foreign laws that contradict American legal principles. Conversely, opponents contend that the bill could unfairly target specific religious practices and may lead to discrimination against individuals who choose to follow foreign laws voluntarily. Additionally, critics worry about the implications this has on the legal rights of citizens and the potential for racial or religious profiling embedded within such legislation.