SB44 Alabama 2013 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Co-Sponsors

Gerald O. DialJ.T. WaggonerPaul BussmanRusty GloverDick BrewbakerJerry L. FieldingScott BeasonClay ScofieldPhillip W. WilliamsGreg J. ReedBill HoltzclawCam WardTom WhatleyBryan Taylor

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

Summary

SB44 would stop Alabama courts from applying foreign laws that violate rights protected by the U.S. and Alabama constitutions, with limited exceptions for entities that choose foreign law.

What This Bill Does

It establishes that Alabama’s public policy forbids applying foreign law if it would infringe constitutional rights. Courts, arbitrators, and enforcement bodies must not enforce foreign law in such cases. Contracts that specify foreign law or foreign venues must be modified to preserve constitutional rights, and if they cannot be modified, those provisions become void. The act generally does not apply to entities that contract to be governed by foreign law outside Alabama or the United States, and Alabama will not give full faith and credit to foreign acts that violate its public policy.

Who It Affects

• Natural persons in Alabama whose constitutional rights could be affected by the application of foreign law (e.g., due process, religion, speech, privacy, marriage) are protected from such foreign-law enforcement in Alabama courts.
• Corporations, partnerships, LLCs, and other business entities that contract to subject themselves to foreign law outside Alabama or the United States are largely unaffected by the act, though other provisions requiring rights-preserving modifications may still apply when relevant.

Key Provisions

• Prohibits applying foreign law in Alabama that would violate rights guaranteed by the United States or Alabama constitutions; defines foreign law broadly as law from outside the U.S. or Alabama.
• Courts and other adjudicative authorities may not apply foreign law if it would violate constitutional rights.
• Contract provisions choosing foreign law must be modified to preserve constitutional rights; if not possible, such provisions are void.
• Contracts with a choice of venue or forum outside the United States must be interpreted to preserve constitutional rights; forum non conveniens claims must not violate rights.
• Voluntary contractual limits on constitutional rights are allowed but must be interpreted to preserve rights; no Alabama court may be forced to apply foreign law by contract.
• Exceptions: the act does not apply to entities that contract to subject themselves to foreign law outside Alabama or the United States, subject to limits in the act.
• Alabama will not give full faith and credit to foreign acts or proceedings that violate Alabama public policy.
• Effective date: the act becomes law on the first day of the third month after passage/approval.

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

Subjects

Elections