SB4 Alabama 2013 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2013

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

SB4 would amend Alabama's constitution to block the application of foreign laws in Alabama courts if they violate rights protected by the U.S. and Alabama constitutions, with limited exceptions for business entities.

What This Bill Does

If passed, it would prohibit Alabama courts from applying foreign law when doing so would violate rights guaranteed by the U.S. or Alabama constitutions. It would require contract provisions and forum/venue choices that rely on foreign law to be modified or voided to preserve constitutional rights; if a provision cannot be adjusted, it would be null and void. It would allow Alabama to refuse full faith and credit for foreign acts, records, or proceedings that conflict with Alabama public policy. There is an exception for business entities: entities that contract to subject themselves to foreign law in jurisdictions outside Alabama or the United States are not fully bound by this amendment, within the limits described.

Who It Affects

• Natural persons in Alabama, whose constitutional rights could be affected by foreign laws used in courts or contracts; the amendment aims to prevent such rights from being violated by applying foreign law.
• Businesses and other legal entities that might otherwise be bound by foreign law through contracts; such entities may voluntarily choose foreign law elsewhere and are largely exempt from the amendment’s constraints in those cases.

Key Provisions

• Proposes a new name for the amendment: American and Alabama Laws for Alabama Courts Amendment.
• Defines foreign law as any law, rule, or code from outside the United States or from a separate legal system, and states Alabama’s policy to prohibit applying such laws in ways that violate rights.
• States that Alabama will not apply foreign law in a way that violates rights covered by the Alabama or U.S. constitutions, including due process, religion, speech, privacy, and marriage.
• Directs courts to not enforce foreign law if it would violate constitutional rights; requires contract provisions selecting foreign law or external forums to be modified to preserve rights; otherwise, those provisions can be void.
• If contract terms cannot be modified to preserve rights, the relevant provision shall be null and void.
• Allows voluntary restrictions of rights by contract only if constitutional rights are preserved; no Alabama court is required to apply foreign law.
• Carves out an exception for entities that contract to subject themselves to foreign law outside Alabama or the United States; the amendment does not apply to those entities in those cases.
• Declares that Alabama will not give full faith and credit to foreign acts 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