HR5512-119

What This Bill Does

The No Sharia Act is framed as a constitutional-rights and foreign-law enforcement bill. It states Congress's sense that the U.S. Constitution must remain supreme, that courts should not enforce foreign law or religious law in ways that undermine constitutional protections, and that family law, contract law, and civil rights cases can create risk for women, children, and vulnerable populations if foreign legal systems are applied coercively. The bill defines foreign law as any law, legal code, or system from outside the United States or its territories, including religious law when used as a substitute for state or federal law. It defines courts to include federal, state, territorial courts, and arbitration tribunals when decisions are subject to judicial enforcement, and fundamental rights to include due process, equal protection, religious freedom, speech, marriage, child custody, and property rights. The operative rule says no court may enforce a judgment, decree, or arbitration decision that relies in whole or part on Sharia or foreign law violating a party's constitutional rights. Foreign-law contract provisions remain valid unless enforcement would violate constitutional rights. In marriage, divorce, child custody, adoption, or inheritance matters, courts may not apply foreign law inconsistent with fundamental rights or public policy.

Who Benefits and How

Civil rights attorneys benefit because courts would have a statutory rule against enforcing foreign-law outcomes that violate constitutional rights. Women in family-law disputes benefit if courts refuse foreign-law rules inconsistent with equal protection, due process, or public policy. Family law attorneys benefit from a federal statement that foreign law cannot override fundamental rights in child custody and marriage matters. State court judges benefit from clearer statutory definitions for foreign law, courts, and fundamental rights.

Who Bears the Burden and How

Federal courts must evaluate whether judgments or arbitration decisions rely on foreign law that violates constitutional rights. State court judges must assess foreign-law contract clauses and family-law rules against fundamental rights and public policy. Arbitration attorneys face limits when enforcement depends on Sharia or foreign law inconsistent with constitutional rights. Contract attorneys using foreign law must show enforcement would not violate constitutional rights.

Key Provisions

• Provides findings and a sense of Congress on constitutional supremacy over foreign law.
• Defines foreign law, court, and fundamental rights.
• Prohibits enforcement of judgments, decrees, or arbitration decisions relying on Sharia or foreign law that violates constitutional rights.
• Allows foreign-law contract choices unless enforcement would violate constitutional rights.
• Bars foreign-law application in marriage, divorce, child custody, adoption, or inheritance when inconsistent with fundamental rights or public policy.