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Senate committee advances bill to bar courts from enforcing religious or cultural laws that conflict with constitutions
Summary
The Senate Judiciary & Rules Committee voted to send S 1233 to the Senate floor with a do‑pass recommendation after extensive public testimony and divided committee debate over whether the bill’s wording is too broad.
The Senate Judiciary & Rules Committee voted to send S 1233, the "Constitutional Courts Act," to the Senate floor with a do‑pass recommendation following a contested debate and multiple public testimonies.
Sponsor Senator Foreman told the committee the bill "would prohibit Idaho courts from enforcing or considering any judgment or arbitration decision rooted in religious or cultural legal systems that conflict with rights guaranteed under the U.S. and Idaho Constitutions," saying the measure preserves constitutional supremacy rather than banning private religious practice. He framed the bill as a narrow tool to prevent alternative legal systems from displacing constitutional protections.
The bill drew extensive public comment from both supporters and opponents. Lidia Strong, a recently naturalized attorney, said the proposal was necessary to ensure "the rule of law must be applied equally to all," arguing religious belief is protected but actions justified by religious doctrine cannot override criminal law or civil rights. Opponents, including Caleb Pirc of the Idaho Family Policy Center and Samuel Lair of the Idaho Freedom Foundation, warned the bill’s language was overly broad and might bar judges from citing historically significant sources that reference religious ideas.
Committee members split on the measure. Senator Lenney warned the bill "singled out religious and cultural legal systems" and predicted legal challenges if enacted. Senator Keyser echoed drafting concerns, noting the Supreme Court’s use of "history and tradition" in some constitutional analyses and saying the bill could unintentionally limit judicial reference to foundational legal materials.
A substitute motion to send S 1233 to the 14th Order of Business for possible amendment failed on a roll call. The committee then approved the original motion to send the bill to the floor with a do‑pass recommendation on a roll call vote (ayes: Lakey, Ricks, Foreman, Wintrow, Ruchti; nays: Shippy, Lenney, Keyser).
The bill will next appear on the Senate floor for further consideration and potential amendment.
