An Act To Protect Rights and Privileges Granted under the United States Constitution and the Constitution of Maine
Maine Legislature, Session 128, LD 0903
Committee: Judiciary
Sponsors: SAMPSON, WOODSOME, CHACE, FOLEY, GERRISH, LOCKMAN, PRESCOTT, SUTTON, TUELL, TURNER

Legislative Document
No. 903
H.P. 631
House of Representatives, March 7, 2017
An Act To Protect Rights and Privileges Granted under the United 
States Constitution and the Constitution of Maine
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAMPSON of Alfred.
Cosponsored by Senator WOODSOME of York and
Representatives: CHACE of Durham, FOLEY of Wells, GERRISH of Lebanon, LOCKMAN 
of Amherst, PRESCOTT of Waterboro, SUTTON of Warren, TUELL of East Machias, 
TURNER of Burlington.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA c. 15 is enacted to read: 
CHAPTER 15 
APPLICATION OF FOREIGN LAW 
§351.  Findings 
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 liberties, rights and privileges 
guaranteed by the United States Constitution or 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 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 liberties, 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 arms; 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. 
1.  Court.  "Court" means a court, board, administrative agency or other adjudicative 
or enforcement authority of this State. 
2.  Foreign law, legal code or legal system.  "Foreign law, legal code or legal 
system" means a law, legal code or legal system of a jurisdiction outside of any state or 
territory of the United States, including, but not limited to, international organizations and 
tribunals, applied by that jurisdiction's courts, administrative bodies or other formal or 
informal tribunals.  For the purposes of this chapter, "foreign law, legal code or legal 
system" does not mean or include any laws of the federally recognized Indian tribes in 
this State. 
3.  Religious organization.  "Religious organization" means a church, seminary, 
synagogue, temple, mosque, religious order or 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 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 ruling or decision in the 
matter at issue in whole or in part on any foreign law, legal code or legal system that 
would not grant the parties affected by the ruling 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 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. 
§354.  Contract and contract provisions 
1.  Choice of law.  A contract or severable contractual provision that provides for the 
choice of a foreign law, legal code or legal 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 violates the public policy of this State and is void and 
unenforceable if the foreign law, legal code or legal system chosen includes or 
incorporates any substantive or procedural law, as applied to the dispute at issue, that 
would not grant the parties 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 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. 
2.  Choice of jurisdiction for personal jurisdiction.  A contract or severable 
contractual provision that provides for a jurisdiction for purposes of granting the courts or 
arbitration panels personal jurisdiction over the parties to adjudicate any disputes between 
parties arising from the contract mutually agreed upon violates the public policy of this 
State and is void 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 privileges granted 
under the United States Constitution or 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 arms; and any right of privacy or marriage as specifically defined by the 
Constitution of Maine. 
§355.  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 
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 corporation, 
partnership, limited liability company, business association or other 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. 
§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 religion as guaranteed by the First Amendment to the United States 
Constitution and by the Constitution of Maine.  A court may not interpret this chapter to 
require or authorize any court 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 of 
the religious organization or determination or interpretation of the doctrine of the 
religious organization, where adjudication by a court 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 international 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 to the law of this State on the 
matter at issue. 
SUMMARY 
This bill addresses the application of foreign law in this State with the goal of 
protecting American citizens' constitutional rights when foreign laws and foreign legal 
doctrines are applied in judicial and administrative tribunals.  The bill provides that: 
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 privileges 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 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; 
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; and 
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. 
The bill provides that these provisions do 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 and do not limit the free exercise of religion or require or authorize a 
court to adjudicate issues within a religious organization that would violate the First 
Amendment's establishment clause. 
The bill also provides that these provisions may not be interpreted to conflict with 
any relevant treaty or international agreement.