South Carolina H 4671: Protection of Rights granted by the U.S. and S.C. Constitutions

Bill Text

2025-2026 Bill 4671 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4671

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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 So