SB84 Alabama 2012 Session

Summary

Primary Sponsor

Cam Ward

Republican

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

SB84 would amend Alabama’s constitution to bar Alabama courts from applying foreign law that violates constitutional rights, with an exception for entities that contract to be governed by foreign law.

What This Bill Does

The amendment would prohibit Alabama courts from applying foreign law if doing so would violate rights guaranteed by the U.S. Constitution, the Alabama Constitution, or Alabama public policy. It would require modifying or denying enforcement of contracts that designate foreign law or a foreign venue if enforcing them would violate constitutional rights. It would allow Alabama to withhold full faith and credit for foreign acts or records that conflict with Alabama public policy. There is a carve-out allowing certain business entities to contract to subject themselves to foreign law outside Alabama or the United States.

Who It Affects

• Alabama residents and natural persons: protected from foreign laws that would violate constitutional rights when dealing with Alabama courts.
• Businesses and other legal entities (e.g., corporations, partnerships, LLCs): may contract to subject themselves to foreign law outside Alabama/US and may be exempt from some restrictions; otherwise, their contracts and venue provisions could be adjusted to preserve constitutional rights.

Key Provisions

• Title and purpose: The amendment is named the American and Alabama Laws for Alabama Courts Amendment and would become part of the Alabama Constitution if approved by voters.
• Prohibition on foreign law: Alabama courts cannot apply foreign law if it would violate rights guaranteed by the U.S. or Alabama constitutions or Alabama public policy.
• Definition of foreign law: Foreign law is any law or legal system outside the United States or outside Alabama, or used by a group different from the U.S./Alabama constitutional framework.
• Contract modification: If a contract designates foreign law or a foreign venue and enforcing it would violate constitutional rights, the contract must be modified to preserve those rights; if modification is impossible, the contract provision shall be null and void.
• Forum and venue: If choosing a foreign venue would violate constitutional rights, the contract should be interpreted to preserve rights, and claims invoking forum non conveniens may be denied to protect rights.
• Full faith and credit: Alabama would not be required to give full faith and credit to foreign acts, records, or proceedings that violate Alabama public policy.
• Exceptions for business entities: The amendment does not apply to a corporation, partnership, LLC, or other entity that contracts to subject itself to foreign law in a jurisdiction outside Alabama/US, with other provisions preserving constitutional rights still applying.
• Voluntary rights restrictions: Individuals may voluntarily restrict rights by contract, but such language must be construed to preserve constitutional rights, and Alabama courts are not required to apply foreign law by contract.

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