S. 3008 — No Shari’a Act

This section expresses the sense of Congress that (1) the U.S. Constitution is the supreme law of the land and no foreign law or legal system may undermine it; (2) applying foreign law, including religious or international codes, in U.S. courts risks eroding constitutional protections, particularly in family law, contracts, and civil rights; (3) safeguarding constitutional rights is especially urgent for women, children, and vulnerable populations facing coercion or unequal treatment under foreign systems; (4) while individuals may voluntarily practice religion or observe personal codes, U.S. courts must not enforce laws conflicting with constitutional liberties; and (5) this Act reaffirms rights by ensuring only U.S. laws govern U.S. courts.

This section declares congressional findings that the Supremacy Clause requires U.S. courts to apply federal and state law over Shari’a or any foreign law; that parties in certain cases have sought to apply foreign law contrary to constitutional guarantees; and that clear, uniform rules are needed to prevent erosion of constitutional protections. The section states the purposes of the Act to (1) prohibit enforcement of Shari’a or foreign law that infringes constitutional rights, (2) affirm that U.S. courts must rely solely on federal and state law, and (3) provide certainty and clarity in applying constitutional protections nationwide.

This section defines, for purposes of the Act, (1) "court" as any Federal, State, or territorial court, including arbitration tribunals when decisions are subject to judicial enforcement; (2) "foreign law" as any law, legal code, or system derived from a jurisdiction outside the United States or its territories, including religious law when invoked as a substitute for State or Federal law; and (3) "fundamental rights" as rights guaranteed by the Constitution of the United States and by State constitutions, including due process, equal protection, freedom of religion, freedom of speech, and rights related to marriage, child custody, and property.

This section prohibits courts from enforcing any judgment, decree, or arbitration decision that relies, in whole or in part, on Shari’a or foreign law violating a party’s constitutional rights. It provides that contract provisions choosing foreign law remain valid unless enforcement would violate constitutional rights. It further prohibits courts, in family law matters (i.e., marriage, divorce, child custody, adoption, or inheritance), from applying or enforcing foreign law inconsistent with fundamental rights or public policy.

This section directs the Attorney General, in consultation with the Administrative Office of the United States Courts, to issue regulations and provide judicial education to ensure uniform application of this Act.