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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DP 4-3-0-0 | Third Read 16-13-1-0-0 |
SB 1573: judicial determinations; religious sectarian laws
Sponsor: Senator Rogers, LD 7
Committee on Judiciary
Overview
Restricts any court in Arizona from relying on religious sectarian law as controlling or persuasive influence and outlines specific exceptions to this restriction.
History
Courts in Arizona are restricted from enforcing any foreign law if doing so would violate a right guaranteed by the Constitution of Arizona or of the United States or conflict with the laws of the United States or of Arizona. This restriction applies only to actual violations of the constitutional rights of a person or actual conflict with the laws of Arizona caused by the application of the foreign law and does not apply to a corporation, partnership or other form of business association (A.R.S. §§ 12-3102; 12-3103).
Statute defines foreign law to mean any law, rule or legal code or system other than the constitution, laws and ratified treaties of the United States, the territories of the United States or the constitution and laws of Arizona (A.R.S. § 12-3101).
Provisions
1. Restricts any court from relying on religious sectarian law as controlling or persuasive authority and specifies that this restriction also applies to any federal court while sitting in diversity jurisdiction. (Sec. 4)
2. Clarifies that the aforementioned restriction does not apply to:
a. any statute or case law developed in the U.S. that is based on Anglo-American legal tradition and principles on which the U.S. was founded;
b. any statute, case law or legal principle that was inherited from Great Britain before the effective date of this Act; or
c. the recognition of a traditional marriage between a man and a woman as officiated by the clergy or secular official of the matrimonial couple's choice. (Sec. 4)
3. Defines religious sectarian law to mean any statute, tenet or body of law evolving within and binding a specific religious sect or tribe and specifies that this does not include any law of the U.S. or of the individual states that is based on Anglo-American legal tradition and principles on which the U.S. was founded. (Sec. 4)
4. Amends the chapter heading of Title 12, Chapter 22, of the A.R.S. from Application of Foreign Laws to be Application of Foreign Laws and Religious Sectarian Laws. (Sec. 1)
5. Amends the article heading of Title 12, Chapter 22, Article 1, of the A.R.S. from General Provisions to be Foreign Laws. (Sec. 1)
6. Directs this Act to be cited as the Arizona Foreign Decisions Act. (Sec. 7)
7. Contains legislative findings. (Sec. 5)
8. Contains a construction and severability clause. (Sec 6)
9. Makes conforming changes. (Sec. 2, 3)
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13. Initials NM/NP SB 1573
14. 3/19/2026 Page 0 Judiciary
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