judicial determinations; religious sectarian laws
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
Senate Bill 1573 clarifies Arizona law regarding the use of foreign laws and religious sectarian laws in judicial decisions. It specifically prohibits courts from relying on religious sectarian law as controlling or persuasive authority. The bill outlines exceptions, such as inherited laws from Great Britain and traditional marriage recognition, and emphasizes Arizona’s constitutional right to regulate its courts. It also includes extensive legislative findings reinforcing the state’s understanding of its sovereign powers under the U.S. Constitution.
Key provisions
- Changes the chapter heading of Title 12, Chapter 22 to include ‘Religious Sectarian Laws’.
- Defines ‘Religious Sectarian Law’ as statutes or tenets within specific religious groups.
- Prohibits courts from relying on religious sectarian law as legal authority.
- Establishes exceptions to the prohibition, including inherited British laws and recognition of traditional marriages.
- Applies the prohibition to federal courts sitting in diversity jurisdiction.
- Includes extensive legislative findings related to state sovereignty and the Tenth Amendment.
- Requires courts to interpret the act in a way that limits federal power and protects Arizona’s judicial authority.
- Provides for the severability of the act, meaning that an invalid provision doesn’t invalidate the entire law.
Who is affected
- Courts (specifically, state and federal courts)
Bill text
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Sponsors
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2 on record
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