Subcommittee gives favorable report to bill limiting application of foreign law after amendment

A House special laws subcommittee voted to give House Bill 4671 a favorable report as amended after an hours‑long hearing in which the bill’s sponsor described perceived risks from foreign tribunals and civil liberties advocates warned of legal and practical consequences.

Representative Rita Edgerton, the bill’s primary sponsor, told the Artificial Intelligence, Cybersecurity and Special Laws Subcommittee that the measure is needed to “protect the people of South Carolina from any religion or sect that seeks to hold court within their own religious laws,” and outlined provisions defining foreign law and limiting enforcement of foreign rulings or contractual choice‑of‑law clauses when those laws would not provide the same fundamental liberties guaranteed by the United States and South Carolina constitutions. Edgerton also said the bill excludes Native American tribal law and includes an express religious‑exercise carve‑out.

Supporters and the sponsor argued the bill restores state sovereignty and prevents contractual or judicial choices that would deny constitutional protections. “This is why we need this bill,” Edgerton said, arguing the measure would guard due process, freedom of religion, speech and press, and privacy rights.

Civil liberties groups and several witnesses urged caution. Matthew Butler, a strategist with the ACLU of South Carolina, said South Carolina courts already have well‑established authority to decline enforcement of foreign judgments and arbitration awards that violate due process or public policy, and he warned the bill could shift judicial review from fact‑based, case‑specific inquiries to broad evaluations of entire legal systems. “Courts already resolve these questions using neutral principles of law,” Butler said, urging careful consideration of how the bill would change judicial inquiry.

Other witnesses expressed a range of views. Witnesses who supported the bill cited concerns about extrajudicial tribunals and international practices they described as incompatible with U.S. law. Opponents, including Paul Bowers of North Charleston and Representative John King of York County, said the bill targets Muslim communities and addresses a problem they said is not evident in South Carolina; King said he had visited the communities referenced in testimony and did not find the abuses described.

With time running in the legislative session, the chair proposed adopting language from a previously passed House bill to address constitutional concerns and improve the bill’s prospects. Representative McCabe moved adoption of the Moore Amendment; the subcommittee voiced assent and staff conducted a roll call. The tally was read as four in favor, none against, and one not voting. The chair announced that House Bill 4671 receives a favorable report from the subcommittee as amended.

Next steps: the subcommittee reported H4671 as amended. The transcript does not record further floor action in this hearing; the measure’s future consideration will depend on the full committee and the House calendar.

Sources: testimony from Representative Rita Edgerton; Matthew Butler, ACLU of South Carolina; public commenters and subcommittee proceedings.