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 AMEND SECTION 99-19-301, MISSISSIPPI CODE OF 1972, TO REVISE THE ENHANCED PENALTY REQUIREMENTS TO INCLUDE ACT COMMITTED AS A RESULT OF TERRORISTIC THREAT; 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 introduction of HB 966 would have significant implications for Mississippi's legal framework. It seeks to declare any contracts that stipulate the application of foreign law, including Sharia law, as void. This action extends to various domains including family law, where judgments related to marriage, custody, and related matters cannot rely on foreign laws that conflict with U.S. constitutional rights. The bill also anticipates revisions in multiple sections of the Mississippi Code to align with its overarching directive of prioritizing U.S. and state law above all foreign laws.
House Bill 966, known as the Mississippi Supremacy Clause Enforcement Act, aims to enforce the supremacy of U.S. law over foreign legal systems, notably prohibiting the application of Sharia law in Mississippi courts. The bill is underpinned by legislative findings that assert the Constitution of the United States must remain the supreme law of the land, prohibiting any foreign law that might undermine constitutional protections, particularly in sensitive areas such as family law and civil rights. The essence of this bill is to create clear guidelines that protect the rights of individuals, especially vulnerable populations, from potential coercion under foreign legal systems.
The bill has incited diverse opinions among lawmakers and advocacy groups. Supporters argue that the measure reinforces constitutional protections and safeguards against foreign legal systems that could impose unequal treatments, particularly concerning gender and family dynamics. On the other hand, opponents contend that such legislation may infringe upon religious freedoms and personal rights. Critics fear that the outright ban on foreign law application can result in undue discrimination and limit individuals' rights to engage in contracts as they see fit, particularly in multicultural communities where diverse legal practices exist.