A bill

 

To amend the South carolina code of laws by adding Article 29 to chapter 1, Title 1 so as to provide for the protection of Rights and privileges under the United States and South Carolina Constitutions.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  The General Assembly finds that:

(1) It must be the public policy of this State to protect its citizens from the application of foreign laws when the application of such law will result in the violation of a right guaranteed by the Constitution of this State and of the United States including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Constitution of this State.

(2) It fully recognizes the right to contract freely under the laws of this State, and also recognizes that this right may be reasonable and rationally circumscribed pursuant to the state's interest to protect and promote rights and privileges granted under the United States and South Carolina constitutions including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Constitution of this State.

 

SECTION 2.  Chapter 1, Title 1 of the S.C. Code is amended by adding:

 

Article 29

 

Protection of Rights and Privileges under the United States and South Carolina Constitutions

 

    Section 1-1-1810. As used in this article:

    (1) "Court" means any court, board, administrative agency, or other adjudicative or enforcement authority of this State.

    (2) "Foreign law, legal code, or system" means any law, legal code, or system of jurisdiction outside of any state or territory of the United States including, but not limited to, international organizations and tribunals, and applied by that jurisdiction's courts, administrative bodies, or other formal or informal tribunals.  For the purposes of the article, "foreign" shall not mean, nor shall it include, any laws of the Native American tribes of this State.

(3) "Religious Organization" means any church, seminary, synagogue, temple, mosque, religious order, religious corporation, association, or society, whose identity is distinctive in terms of common religious creed, beliefs, doctrines, practices, or rituals, of any faith or denomination, including an organization qualifying as a church or religious organization under section 501(c)(3) or 501(d) of the United States Internal Revenue Code.

 

Section 1-1-1820. (A) Any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this State and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and South Carolina constitutions including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this State.

(B) A contract or contractual provision, if severable, that provides for the choice of a law, legal code, or system to govern some or all of the disputes between the parties adjudicated by a court of law or by an arbitration panel arising from the contract mutually agreed upon shall violate the public policy of this State and be void and unenforceable if the law, legal code, or system chosen includes or incorporates any substantive or procedural law, as applied to the dispute at issue, that would not grant the parties the same fundamental liberties, rights, and privileges granted under the United States and South Carolina constitutions including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this State.

(C) A contract or contractual provision, if severable, that provides for a jurisdiction for purposes of granting the courts or arbitration panels in personam jurisdiction over the parties to adjudicate any disputes between parties arising from the contract mutually agreed upon shall violate the public policy of this State and be void and unenforceable if the jurisdiction chosen includes any law, legal code, or system, as applied to the dispute at issue, that would not grant the parties the same fundamental liberties, rights, and privileges granted under the United States and South Carolina constitutions including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this State. If a resident of this State, subject to personal jurisdiction in this State, seeks to maintain litigation, arbitration, agency, or similarly binding proceedings in this State and if the courts of this State find that granting a claim of forum non conveniens or a related claim violates or would likely violate the fundamental liberties, rights, and privileges granted under the United States and South Carolina constitutions of the nonclaimant in the foreign forum with respect to the matter in dispute, then it is the public policy of this State that the claim must be denied.

(D) No court or arbitrator shall interpret this section to limit the right of any person to the free exercise of religion as guaranteed by the First Amendment to the United States Constitution and by the Constitution of this State. No court shall interpret this section to require or authorize any court to adjudicate, or prohibit any religious organization from adjudicating, ecclesiastical matters including, but not limited to, the election, appointment, calling, discipline, dismissal, removal or excommunication of a member, officer, official, priest, nun, monk, pastor, rabbi, imam or member of the clergy, of the religious organization, or determination or interpretation of the doctrine of the religious organization, where adjudication by a court would violate the prohibition of the establishment clause of the First Amendment of the United States, or violate the Constitution of this State.

(E) This section shall not be interpreted by any court to conflict with any federal treaty or other international agreement to which the United States is a party to the extent that such treaty or international agreement preempts or is superior to state law on the matter at issue.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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