The proposed bill would amend current Arizona statutes by adding provisions that explicitly prohibit courts from relying on religious sectarian law as controlling or persuasive authority. This prohibition would apply to both state and federal courts sitting in diversity jurisdiction. The bill also introduces a new article under Title 12, Chapter 22 of the Arizona Revised Statutes, changing the chapter heading to "APPLICATION OF FOREIGN LAWS AND RELIGIOUS SECTARIAN LAWS" and establishing a clear definition of "religious sectarian law" as any law binding a specific religious sect or tribe, while excluding laws based on Anglo-American legal tradition.

Additionally, the bill outlines specific exceptions where the prohibition does not apply, such as statutes or case law developed in the U.S. based on Anglo-American principles, and the recognition of traditional marriage. It emphasizes the state's authority to regulate its courts under the Tenth Amendment and includes a severability clause to ensure that if any provision is found invalid, the remaining provisions remain effective. Overall, the bill aims to clarify the relationship between state law and religious sectarian law, reinforcing the autonomy of Arizona's judicial system.

Statutes affected:
Introduced Version: 12-3101, 12-3102
Senate Engrossed Version: 12-3101, 12-3102