IdahoH 06022026 regular legislative sessionHouse

FOREIGN LAWS – Adds to existing law to establish provisions prohibiting the use of foreign laws in Idaho courts.

Sponsored By: JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

Signed by Governor

FOREIGN LAWS

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Courts stay out of church decisions

Starting July 1, 2026, the law protects religious groups’ control over doctrine, leadership, and discipline when court action would violate the First Amendment or the Idaho Constitution. It defines religious organizations to include churches, synagogues, mosques, temples, seminaries, religious orders, and groups that qualify as 501(c)(3) or 501(d).

Idaho courts reject rights-limiting foreign law

Starting July 1, 2026, Idaho treats as void any ruling that relies on foreign law that gives fewer basic rights than the U.S. or Idaho constitutions. "Court" covers courts, boards, tribunals, arbitration panels, and state agencies. "Foreign law" means non‑U.S. law, including from international bodies, but not Idaho tribal laws or English common law. Valid U.S. treaties still control when they preempt state law.

Limits on foreign-law contract terms

For contracts signed on or after July 1, 2026, Idaho will not enforce a clause that picks foreign law if that law would deny fundamental rights protected by the U.S. or Idaho constitutions. Contracts signed before that date keep their original governing law. Businesses like corporations, partnerships, and LLCs can still agree to follow foreign law when they contract in a non‑U.S. jurisdiction.

Tighter rules for foreign forums

For contracts signed on or after July 1, 2026, Idaho will not enforce a clause that sends disputes to a foreign court or arbitration if that forum would not protect fundamental rights under the U.S. or Idaho constitutions. Idaho courts must also refuse to move a case elsewhere if doing so would violate or likely violate a nonparty’s fundamental rights in the foreign forum, when the requester is subject to Idaho courts.

Sponsors & Cosponsors

Sponsor

JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
Affiliation unavailable

Cosponsors

Brian Lenney
Republican • Senate
Mike Moyle
Republican • House

Roll Call Votes

All Roll Calls

Yes: 89 • No: 12

House vote • 3/24/2026

House Floor Vote

Yes: 28 • No: 6

House vote • 2/23/2026