SB33 Alabama 2012 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsors

J.T. WaggonerClay ScofieldGerald O. DialTom Whatley

Session

Regular Session 2012

Title

Foreign law, application in violation of rights guaranteed United States and Alabama citizens, prohibited, exceptions, American and Alabama Laws for Alabama Courts Amendment, const. amend.

Summary

A constitutional amendment to bar Alabama courts from applying foreign law if it would violate rights guaranteed by the U.S. and Alabama constitutions, with an exception for entities that opt into foreign law.

What This Bill Does

Prohibits Alabama courts, arbitrators, and enforcement authorities from applying foreign law when doing so would violate rights guaranteed by the United States or Alabama constitutions. If a contract chooses foreign law or a foreign venue, that contract must be adjusted to preserve constitutional rights; if adjustment isn’t possible, the relevant contractual provision could be void. Allows interpretation or modification of contracts to preserve rights and explicitly exempts certain business entities that contract to subject themselves to foreign law from these restrictions, while giving Alabama the option to refuse full faith and credit to foreign acts that violate its public policy.

Who It Affects

• Natural persons (individuals) in Alabama whose constitutional rights could be protected from being overridden by foreign law in court decisions or contract enforcement.
• Business entities (corporations, partnerships, LLCs, and others) that contract to subject themselves to foreign law; they would be exempt from the prohibition.

Key Provisions

• The amendment is titled the American and Alabama Laws for Alabama Courts Amendment.
• Foreign law is defined as any law from outside the United States or outside Alabama’s own legal system.
• A court or enforcing body shall not apply foreign law if it would violate rights guaranteed by the Alabama or United States constitutions.
• Contractual provisions that designate foreign law or a foreign forum must be modified to preserve constitutional rights; if not modifiable, those provisions are void.
• Contracts may include voluntary restrictions on rights, but such language must be strictly construed to preserve constitutional rights, and Alabama courts need not enforce foreign law.
• Businesses that contract to subject themselves to foreign law are exempt from these restrictions.
• Alabama may refuse to give full faith and credit to foreign acts, records, or judgments that violate Alabama public policy.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments