Bill > H0602

This bill establishes new provisions in Idaho law to prevent the application of foreign laws in Idaho courts when those foreign laws would violate fundamental rights guaranteed by the U.S. or Idaho constitutions, such as due process, freedom of religion, speech, privacy, or marriage. A "foreign law" is defined as any law from a jurisdiction outside of the United States, excluding laws of Indian tribes in Idaho and English common law. The bill declares that any court ruling or contract provision that relies on such a foreign law, or chooses a foreign jurisdiction or arbitration panel that would apply such a law, is void and unenforceable if it doesn't provide similar fundamental liberties. It also includes provisions for when Idaho courts should deny a request to move a case to another location (forum non conveniens) if it would violate a party's fundamental rights. Importantly, these provisions do not apply to certain business entities contracting to be subject to foreign law outside of Idaho or the U.S., nor do they apply to contracts made before the bill's effective date, and they are not intended to limit the free exercise of religion or require courts to adjudicate religious matters. The bill also clarifies that it will not conflict with federal treaties or international agreements.

Justice

Judiciary, Rules and Administration Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0602/