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H 4671

Protection of Rights granted by the U.S. and S.C. Constitutions

2025-2026 Regular Session Introduced by Thomas Beach and 14 co-sponsors

South Carolina would block applying foreign laws or contracts that violate constitutional rights, keeping state courts and arbitrators from enforcing provisions that undermine U.S.

Member(s) request name added as sponsor: Willis
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WeVote Research Nonpartisan
Bill Summary · H 4671

Summary of Bill H 4671 (2025-2026) – South Carolina

Title

Protection of Rights granted by the U.S. and S.C. Constitutions

Purpose and Intent

  • The bill seeks to protect the rights and privileges guaranteed by the United States Constitution and the South Carolina Constitution by limiting the application of foreign laws, legal codes, or systems in state adjudicative or contractual contexts.
  • It states a public policy choice to prevent the application of foreign laws when doing so would violate rights guaranteed by the U.S. and South Carolina constitutions, including due process, freedom of religion, speech, press, privacy, and marriage.

Key Provisions

Creation

  • Adds Article 29 to Chapter 1, Title 1 of the South Carolina Code, establishing a new framework titled “Protection of Rights and Privileges under the United States and South Carolina Constitutions.”

Definitions (Section 1-1-1810)

  • Court: Any court, board, administrative agency, or other adjudicative or enforcement authority in the state.
  • Foreign law, legal code, or system: Any law outside of U.S. state or federal jurisdictions, including international organizations and tribunals; excludes Native American tribal laws.
  • Religious Organization: Includes churches and other faith-based entities defined under federal tax code provisions (501(c)(3) or 501(d)).

Public Policy and Invalidity of Conflicting Rulings (Section 1-1-1820)

  • Subsection A: Any court or adjudicative body that bases its ruling on a foreign law that would not grant the parties the same fundamental liberties (as protected by the U.S. and S.C. constitutions) is void and unenforceable.
  • Subsection B: Severable contracts that choose a governing law containing foreign substantive or procedural provisions that would deprive parties of our constitutional liberties are void and unenforceable.
  • Subsection C: Severable contracts that designate a jurisdiction for in personam jurisdiction that would apply foreign law disadvantaging constitutional rights are void and unenforceable. If a claimant in South Carolina seeks to litigate but forum non conveniens considerations would violate constitutional rights of a nonclaimant in a foreign forum, South Carolina may deny the claim.
  • Subsection D: The section does not limit free exercise of religion protections and does not authorize courts to adjudicate ecclesiastical matters in a way that would violate Establishment Clause protections.
  • Subsection E: The section must be interpreted in a way consistent with federal treaties or international agreements when such treaties are superior to state law.

Practical Effects

  • Courts and arbitrators in South Carolina would be constrained from applying foreign laws or contractual provisions that would undermine constitutionally guaranteed rights.
  • Contracts: Any choice-of-law or forum/jurisdiction provisions that would apply foreign legal systems (impacting constitutional rights) are potentially unenforceable, if severable.
  • Forum selection and in personam jurisdiction clauses that would apply non-U.S. or foreign rules at odds with constitutional protections may be ineffective in South Carolina courts.
  • The bill explicitly preserves free exercise rights and ecclesiastical matters from judicial interference when adherence to constitutional protections would be violated.

Applicability and Scope

  • Applies to all state courts, arbitration tribunals, and administrative agencies within South Carolina.
  • Not intended to override federal treaties to the extent those treaties preempt state law.

Effective Date

  • Takes effect upon the Governor’s approval.

Legislative Context

  • Introduced January 2026; referred to the Judiciary Committee; sponsored by a broad slate of lawmakers (multiple co-sponsors listed).

Summary of Potential Impacts

  • Strengthens state-level resistance to applying foreign law in civil, contractual, and adjudicatory matters when such application would negate constitutional rights.
  • Could affect choice-of-law and forum provisions in contracts with international elements or foreign governing laws.
  • May influence decisions on forum non conveniens and cross-border disputes involving South Carolina residents.
  • Preserves religious exercise rights and ecclesiastical self-governance from state court adjudication when appropriate.

If you would like, I can provide potential case examples or compare this bill to similar “foreign law” prohibition statutes in other states.

Compiled from official sources — confirm details with the bill’s official record.

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