Bill Description: House Bill 602 (H602) would require that any foreign law used in an Idaho court or adjudication must recognize and abide by certain fundamental liberties, rights, and privileges established in the Idaho and United States constitutions.

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Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?

H602 states that “it shall be 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 a fundamental right guaranteed by the constitution of the United States or the constitution of the state of Idaho,” To effectuate this purpose, the legislation would prohibit any court or adjudication panel from basing its ruling on “a foreign law that would not grant the parties affected by the ruling or decision similar fundamental liberties, rights, and privileges” such as “due process, freedom of religion, speech, or the press, and any right of privacy or marriage embodied in the constitution of the state of Idaho.”

Notably, the H602 specifies that “it shall not be construed to require or authorize any court to adjudicate or prohibit any religious organization from adjudicating ecclesiastical matters,” ensuring the bill does not infringe upon the freedom of religion.

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