Missouri bill would bar rights-violating foreign law in courts

Missouri courts, arbitration panels, and agencies would not apply certain foreign laws or enforce certain decisions and contract terms. The provisions cover court, arbitration, and agency decisions; certain contract terms; and cases involving marriage, divorce, child custody, adoption, or inheritance. This applies when the foreign law denies or violates a party’s rights protected by the Missouri or U.S. Constitution. For marriage, divorce, child custody, adoption, and inheritance, the text also bars applying foreign law when it conflicts with public policy. The text preserves Missouri Supreme Court precedent, religious organizations’ decisions about clergy and doctrine, voluntary choices by businesses and associations to use foreign law or courts, and matters where federal law overrides state law.

State and local governments and their agencies would not enforce or carry out rules, fees, taxes, policies, or mandates from international organizations. This applies to Missouri state agencies and local governments, including municipalities and other political subdivisions. The text names the World Health Organization, the United Nations, the World Economic Forum, and any other international organization or body.

State courts, arbitration panels, tribunals, and agencies would not transfer a civil case when the transfer would lead to foreign law that violates or likely violates a party’s protected rights. This applies to transfers of civil cases by a state court, arbitration panel, tribunal, or administrative agency. A transfer is barred if the foreign law would likely violate those rights, even if a violation is not certain.