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 change would be reflected in the updated chapter heading of title 12, chapter 22, which would change from "APPLICATION OF FOREIGN LAWS" to "APPLICATION OF FOREIGN LAWS AND RELIGIOUS SECTARIAN LAWS." Additionally, a new article would be added to define "religious sectarian law" and outline the limitations on its application, including that it does not apply to statutes or case law based on Anglo-American legal traditions or the recognition of traditional marriages.

Furthermore, the bill would require courts to adopt a construction of its provisions that limits the federal government's power to impose religious sectarian law and secures Arizona's authority to regulate its courts. It would also include a severability clause to ensure that if any provision is found invalid, the remaining provisions would still be enforceable. Overall, the bill aims to clarify the relationship between state law and religious sectarian law, reinforcing the state's sovereignty in judicial matters.

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