An Act To Protect Rights and Privileges Granted under the United States Constitution and the Constitution of Maine
Maine Legislature, Session 127, LD 0330
Committee Amendment CA_A_H462 (House)

COMMITTEE AMENDMENT "A-" to RP. 224, L.D. 330, Bill, "An Act To 
Protect Rights and Privileges Granted under the United States Constitution and the 
Constitution of Maine " 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 14 MRSA c. 14 is enacted to read: 
§351. Findings 
CHAPTER 14 
APPLICATION OF FOREIGN LAW 
The Legislature finds that it is the public policy of this State to protect its citizens 
from the application of foreign laws when the application of a foreign law will result in 
the violation of one of the following fundamental rights guaranteed by the United States 
Constitution or the Constitution of Maine:! due process, equal protection, freedom of 
religion, freedom of speech, fr~edom of the press and the' right toke~p and bear arms; and 
any right of privacy or marriage as specifically defined by the Constitution of Maine. 
The Legislature fully recognizes the right to contract freely under the laws of this 
State, and also recognizes that this right may be reasonably and rationally circumscribed 
pursuant to the State's interest to protect and promote these fundamental rights and 
privileges granted under the United States Constitution and the Constitution of Maine: 
due process, equal protection, freedom of religion, freedom of speech, freedom of the 
press and the right to keep and bear anus: and any right of privacy or marriage as 
specifically defined by the Constitution of Maine. 
§352. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
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2() 
COMMITTEE AMENDMENT "H" to H,P, 224, L.D, 330 
1. 
Court. 
"Court" means any court, board, 
admini~trative agency. or other 
adjudicativeor enforcen~ent autl~ority of this' State. " . 
2. 
Foreign law, legal code or legal system. 
"Foreign la~gal code or legal 
syst~m~ans 'any law~ legal code ~r legal system of a iurisdictio~ outside of any state or 
territory of the United States, including, but not limited to, international organizations and 
tribunals, applied by that juri~dictionrs courts, administrative bodies or other fomlal or 
informal tribunals. For the purposes of this chapter, the term does not mean or include 
alW iaws ofthe federally recognized Indian tribes in this State, 
... " 
,... 
. 
. 
3. Religious organization. "Religious organization" means any church, seminalY, 
synagogt;e: t~mple,' mosque,' religi~us order or reli'gious '~Ol]o~ation: ,a~sodation or 
society, . whose identity is distinctive in tenns of common. religious. creed, beliefs, 
doctrines, practices or rituals, of any faith or denomination, including any organization 
qualifying as a church or religious organization under the United States Internal Revenue 
Code of 1986, Section 501(c)(3) or 501(d). 
§353., Rulings and decisions based on foreign law void and unenforceable 
A court, arbitration panel, tribunal or administrative agency ruling or decision 
violates the public policy of this State and is void and unenforceable if the court, 
arbitration panel, tribunal or administrative agency bases its rulings or decisions in the 
matter at issue in whole or in part on any foreign law, legal code 01' legal system that 
would not grant the parties affected by the mling or decision one or more of the following 
fundamental liberties, rights and privileges granted under the United States Constitution 
or the Constitution of Maine: due process, equal protyction, freedom of religion, freedom 
of speech, freedom of the press and the right to keep and bear anTIS; and any right of 
privacy or malTiage as specifically defined by the Constitution of Maine. 
§354. Contract and contract provisions 
1. Choice of law. A contract or severable contractual provision that provides for the 
choice ora forei(g11aw, legal code or,legal syste~ to govern some or all of the disputes 
bet~ee~the parties adjudicated by a court of l~w or bya~ arbitratio'~ panei arisi~g from 
the'cantnlct mutualiy agreed'upon violates the public policy ofthj~ State and isv~id and 
~nenforceable.{f thefa,reign law, legal ~ode' or legalsxst~l11 chose~ includes or 
incomorates any substantive or 12rocedural law, as applied to the dispute at issue, that 
would not grant the parties one' or m'ore~fthe 'foilQwi~g fimdamentai'liberties, rights a~d 
privilege~ granted under the United States ConstitUtion or the, coristituti~nofMahle: due 
Rrocess, . egual protection, freedom gf rel~gion, fl:ee40~ Qf sp'eec~" fr~edom of the press 
and the right to keep and bear a1111S; and any right ofprivacy or. ITIalTi~ge as specifically 
defined by the ~CoiistitufionofMaine.~·- _. 
2. 
Choice of jurisdiction for personal jurisdiction. 
A contract or severable 
contractual provision that provides' for a h.irisdictlon for ,purPoses ~fgranting the cou!is or 
arbitration panels personal jurisdiction over the parties to adjudicate any disputes between 
parties arising from the contract mutually agreed up()nviolates, the p~blic p~licy of this 
State and is yoid and unenforceable if the jurisdiction chosen includes any foreign law, 
legal code or legal system, as applied to the dispute at issue, that would not grant the 
parties one or more of the following fundamental liberties, rights and p'rivileges granted 
under the United States Constitution' or the Constitution of Maine: due process, equal 
COMMITTEE AMENDMENT 
CO MMITTEE AMENDMENT "R" 10 H.P. '24, L D. 330 
protection, freedom of religion, freedom of speech, freedom of the press and the right to 
keep and bear arms; and any right of privacy or marriage as specifically defined by the 
Constitution of Maine. 
§35S. Denial of claim 
If a resident of this State, subject to personal jurisdiction in this State, seeks to 
maintain litigation, arbitration, agency or similarly binding proceedings in this. State and 
if the courts of this State find that granting a claim of forum non conveniens or a related 
claim violates or would likely violate the fundamental liberties, rights and privileges 
granted under the United States Constitution or the Constitution of Maine of the 
nonclaimant in the foreign forum with respect to the matter in dispute, it is the publIc 
policy of this State that the claim be denied. 
§356. Application 
Without prejudice to any legal right, this chapter does not apply to a Qorporation, 
partnership, limited liability company,. business association or other legal entity that 
contracts to subject itself to foreign law, legal code or legal system ina jurisdiction other 
than this State or the United States. 
§357. Free exercise of religion, establishment of religion 
A court or arbitrator may not interpret this chapter to limit the right of any person to 
the free exercise of r~ligion as gu~ranteed by the First Amend~ent to the United States 
Constitution and by the Constitution of Maine. A cOUli may not interpret this chapter to 
require or authorize any cOUli to adjudicate or prohibit any religious organization from 
adjudicating ecclesiastical matters, including, but not limited to, the election, 
appointment, calling, discipline, dismissal, removal or excommunication of a member, 
officer, official, priest, nun, monk, pastor, rabbi, imam or other member of the clergY-Qf 
the religious organization or determination or interpretation of the doctrine of the 
religious organization, where adjudication by a ~ourt would violate the prohibition of the 
establishment clause of the First Amendment of the United States Constitution or violate 
the Constitution of Maine. 
§358. Treaties and intel'l1ational agreements 
This chapter may not be interpreted by any court to conflict with any federal treaty or 
other international agreement to which the United States is a party to the extent that the 
treaty or international agreement preempts or is superior t~ the law of this State' ·on the 
matter at issue.' 
. 
. 
SUMMARY 
This amendment is the minority repOlt of the Joint Standing Committee on Judiciary. 
This amendment replaces the bill. It addresses the application of foreign law in this 
State with the goal of protecting Arrierican citizens' constitutional rights when foreign 
laws and foreign legal doctrines are applied in judicial and administrative tribunals and 
mediation. The amendment provides that: 
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COMMITTEE AMENDMENT ,A " 
HP, 224, L,D, ]]0 
1. A court or administrative ruling violates the public policy of this State and is void 
and unenforceable if it is based in whole or in part on a foreign law, legal code or legal 
system that would not grant the same liberties, rights and privi leges as are granted under 
the United States Constitution and the Constitution of Maine; 
2. A contract's choice of law provision that chooses such a foreign law, legal code or 
legal system to govern aspects of the contract is void and unenforceablt; if the foreign 
law, legal code or legal system does not protect the same liberties, rights and privilegt;s as 
are protected under the United States Constitution and the Constitution of Maine; 
3. A contract's choice of personal jurisdiction provision that provides jurisdiction 
over the parties that applies a foreign law, legal code or legal system to govern aspects of 
the contract is void and unenforceable if the foreign law, legal code or legal system does 
not protect the same liberties, rights and privileges as are protected under the United 
States Constitution and the Constitution of Maine; 
4. The court must deny a claim of forum non conveniens or related claim if granting 
the claim would subject the nonclaimant to a foreign forum that applies a foreign law, 
legal code or legal system that does not protect the same liberties, rights and privileges as 
are protected under the United States Constitution and the Constitution of Maine; 
5. The law does not apply to a corporation, partnership, limited liability company, 
business association or legal entity that contracts to subject itself to a foreign law, legal 
code or legal system in a jurisdiction other than this State or the United States; 
6. The law does not limit the free exercise of religion Qr require or authorize a court 
to adjudicate issues within a religious organization that wO\lld violate the First 
Amendment's establishment clause; and 
7. The law may not be interpreted to conflict with any relevant treaty or intel11ational 
agreement. 
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