Preserving Our Constitution Act

Full Title:
Preserving Our Constitution Act of 2026

Summary#

This bill says U.S. federal courts, agencies, judges, and other federal adjudicative bodies may not recognize or enforce any foreign law, religious law, custom, or practice that conflicts with the U.S. Constitution and federal law. It defines "foreign law" and "religious law, custom, or practice," and lists specific types of practices the bill views as incompatible, such as prejudicial treatment of women, forced or underage marriages, plural marriages, certain physical punishments, female genital mutilation, and human sacrifice. The bill bars enforcement of contracts or contract clauses that choose those laws, blocks recognition of foreign decisions governed by those laws, restricts some forum- or venue-based dismissals, and says failure to follow the bill is reversible error on appeal. It also includes a severability clause and says the Federal Arbitration Act still applies except where enforcement would violate constitutional rights. The bill states it does not create a new right to injunctive relief or monetary damages.

What it means for you#

  • Federal courts and agencies could refuse to apply or enforce foreign or religious rules if they conflict with constitutional rights.
  • Contracts that pick a foreign or religious legal system described by the bill could not be enforced in U.S. federal adjudicative bodies.
  • U.S. courts may not enforce foreign court decisions that were decided under such incompatible laws.
  • A U.S. court should not dismiss a case on forum non conveniens grounds if another forum would not guarantee constitutional protections.
  • Arbitration and arbitration awards remain enforceable under the Federal Arbitration Act unless enforcing them would violate constitutional rights.

Expenses#

No publicly available information.

Proponents' View#

The bill says its purpose is to protect and promote individual rights and liberties guaranteed by the U.S. Constitution and to ensure that foreign or religious systems that conflict with those rights are not applied in U.S. courts. Its findings emphasize preserving constitutional liberties, equal protection, and due process for current and future generations.

Opponents' View#

No publicly available information.