ALABAMA CONSTITUTION
ARTICLE I
DECLARATION OF RIGHTS
§1 | EQUALITY AND RIGHTS OF MEN
§2 | PEOPLE SOURCE OF POWER
§3 | RELIGIOUS FREEDOM
§3.01 | ALABAMA RELIGIOUS FREEDOM AMENDMENT
SECTION I.
The amendment shall be known as and may be cited as the Alabama Religious Freedom Amendment.SECTION II.
The Legislature makes the following findings concerning religious freedom:(2) Federal and state laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise.
(3) Governments should not burden religious exercise without compelling justification.
(4) In Employment Division v. Smith, 494 U.S. 872 (1990), the United States Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion.
(5) The compelling interest test as set forth in prior court rulings is a workable test for striking sensible balances between religious liberty and competing governmental interests in areas ranging from public education (pedagogical interests and religious rights, including recognizing regulations necessary to alleviate interference with the educational process versus rights of religious freedom) to national defense (conscription and conscientious objection, including the need to raise an army versus rights to object to individual participation), and other areas of important mutual concern.
(6) Congress passed the Religious Freedom Restoration Act, 42 U.S.C., § 2000bb, to establish the compelling interest test set forth in prior federal court rulings, but in City of Boerne v. Flores, 117 S.Ct. 2157 (1997), the United States Supreme Court held the act unconstitutional stating that the right to regulate was retained by the states.
SECTION III.
The purpose of the Alabama Religious Freedom Amendment is to guarantee that the freedom of religion is not burdened by state and local law; and to provide a claim or defense to persons whose religious freedom is burdened by government.SECTION IV.
As used in this amendment, the following words shall have the following meanings:Demonstrates
Freedom of religion
(2). The free exercise of religion under Article I, Section 3, of the Constitution of Alabama of 1901.Government
(3). Any branch, department, agency, instrumentality, and official (or other person acting under the color of law) of the State of Alabama, any political subdivision of a state, municipality, or other local government.Rule
(4). Any government statute, regulation, ordinance, administrative provision, ruling guideline, requirement, or any statement of law whatever.SECTION V.
(b) Government may burden a person's freedom of religion only if it demonstrates that application of the burden to the person:
(2) Is the least restrictive means of furthering that compelling governmental interest.
SECTION VI.
(b) Nothing in this amendment shall be construed to authorize any government to burden any religious belief.
(c) Nothing in this amendment shall be construed to affect, interpret, or in any way address those portions of the First Amendment of the United States Constitution permitting the free exercise of religion or prohibiting laws respecting the establishment of religion, or those provisions of Article I, Section 3, of the Constitution of Alabama of 1901, regarding the establishment of religion.
SECTION VII.
(b) If any provision of this amendment or its application to any particular person or circumstance is held invalid, that provision or its application is severable and does not affect the validity of other provisions or applications of this amendment.
§3.02 | RELIGIOUS RIGHTS AND LIBERTIES
The Ten Commandments shall be displayed in a manner that complies with constitutional requirements, including, but not limited to, being intermingled with historical or educational items, or both, in a larger display within or on property owned or administrated by a public school or public body.
§4 | FREEDOM OF SPEECH AND PRESS
§5 | UNREASONABLE SEARCH AND SEIZURE; SEARCH WARRANTS
§6 | RIGHTS OF PERSONS IN CRIMINAL PROSECUTIONS GENERALLY; SELF-INCRIMINATION; DUE PROCESS OF LAW; RIGHT TO SPEEDY, PUBLIC TRIAL; CHANGE OF VENUE
§6.01 | BASIC RIGHTS FOR CRIME VICTIMS
(b) Nothing in this amendment or in any enabling statute adopted pursuant to this amendment shall be construed as creating a cause of action against the state or any of its agencies, officials, employees, or political subdivisions. The Legislature may from time to time enact enabling legislation to carry out and implement this amendment.
§7 | ACCUSATION, ARREST AND DETENTION; PUNISHMENT LIMITED TO LAWS ESTABLISHED PRIOR TO OFFENSE
§8 | PROCEEDING AGAINST PERSON BY INFORMATION; GRAND JURY NOT REQUIRED IN MISDEMEANOR CASES
§9 | DOUBLE JEOPARDY; DISCHARGE OF JURIES FROM CASES
§10 | RIGHT TO PROSECUTE CIVIL CAUSE
§11 | RIGHT TO TRIAL BY JURY
§12 | PROSECUTIONS FOR LIBEL OR FOR PUBLICATION OF PAPERS INVESTIGATING OFFICIAL CONDUCT OF PUBLIC OFFICERS
§13 | COURTS TO BE OPEN; REMEDIES FOR ALL INJURIES; IMPARTIALITY OF JUSTICE
§13.5 | APPLICATION OF FOREIGN LAW
(b) The law of Alabama provides:
(2) Upon becoming a state in 1819, Alabama adopted its first constitutional and statutory enactments, upon which it has built the rights, privileges, obligations, and requirements of its government and citizens.
(3) Both the provisions of the Alabama Constitution and the statutes and regulations of the State of Alabama, with interpreting opinions by its courts of competent jurisdiction, have developed the state's public policy.
(4) The public policy of the State of Alabama protects the unique rights of its citizens beginning with Article I, Section 1 of the Constitution of Alabama of 1901, guaranteeing the equality and rights of men. Except as permitted by due process of law and the right of the people to vote for self-determination, the rights, privileges, and immunities of the citizens of the State of Alabama are inviolate.
(5) Different from the law of the State of Alabama is foreign law, which is any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.
(6) Alabama has a favorable business climate and has attracted many international businesses. While Alabama business persons and companies may decide to use foreign law in foreign courts, the public policy of Alabama is to prohibit anyone from requiring Alabama courts to apply and enforce foreign laws.
(7) The public policy of this state is to protect its citizens from the application of foreign laws when the application of a foreign law will result in the violation of a right guaranteed by the Alabama Constitution or of the United States Constitution, including, but not limited to, due process, freedom of religion, speech, assembly, or press, or any right of privacy or marriage.
(8) Article IV, Section 1, of the United States Constitution provides that full faith and credit shall be given by each state to the public acts, records, and judicial proceedings of other states. Provided, however, when any such public acts, records, and judicial proceedings of another state violate the public policy of the State of Alabama, the State of Alabama is not and shall not be required to give full faith and credit thereto.
(d) If any contractual provision or agreement provides for the choice of a foreign law to govern its interpretation or the resolution of any dispute between the parties, and if the enforcement or interpretation of the contractual provision or agreement would result in a violation of a right guaranteed by the Constitution of this state or of the United States, the agreement or contractual provision shall be modified or amended to the extent necessary to preserve the constitutional rights of the parties.
(e) If any contractual provision or agreement provides for the choice of venue or forum outside of the states or territories of the United States, and if the enforcement or interpretation of the contract or agreement applying that choice of venue or forum provision would result in a violation of any right guaranteed by the Constitution of this state or of the United States, that contractual provision or agreement shall be interpreted or construed to preserve the constitutional rights of the person against whom enforcement is sought. If a natural person subject to personal jurisdiction in this state seeks to maintain litigation, arbitration, an administrative proceeding, or a similarly binding proceeding in this state, and if a court of this state finds that granting a claim of forum non conveniens or a related claim violates or would likely lead to the violation of the constitutional rights of the nonclaimant in the foreign forum with respect to the matter in dispute, the claim shall be denied.
(f) Any contractual provision or agreement incapable of being modified or amended in order to preserve the constitutional rights of the parties pursuant to the provisions of this amendment shall be null and void.
(g) Nothing in this amendment shall be interpreted to limit the right of a natural person or entity of this state to voluntarily restrict or limit his, her, or its own constitutional rights by contract or specific waiver consistent with constitutional principles. However, the language of any such contract or other waiver shall be strictly construed in favor of preserving the constitutional rights of the natural person in this state. Further, no Alabama court shall be required by any contract or other obligation entered into by a person or entity to apply or enforce any foreign law.
(h) Except as limited by subsection (g), without prejudice to any legal right, this amendment shall not apply to a corporation, partnership, limited liability company, business association, or other legal entity that contracts to subject itself to foreign law in a jurisdiction other than this state or the United States.
(i) Where the public acts, records, or judicial proceedings of another state violate the public policy of the State of Alabama, the State of Alabama shall not give full faith and credit thereto.
§14 | STATE NOT TO BE MADE DEFENDANT
§15 | EXCESSIVE FINES; CRUEL OR UNUSUAL PUNISHMENT
§16 | RIGHT TO BAIL; EXCESSIVE BAIL
- capital murder, as provided inSection 13A-5-40, Code of Alabama 1975, as amended;
- murder, as provided in Section 13A-6-2, Code of Alabama 1975, as amended;
- kidnapping in the first degree, as provided in Section 13A-6-43, Code of Alabama 1975, as amended;
- rape in the first degree, as provided in Section 13A-6-61, Code of Alabama 1975, as amended;
- sodomy in the first degree, as provided in Section 13A-6-63, Code of Alabama 1975, as amended;
- sexual torture, as provided in Section 13A-6-65.1, Code of Alabama 1975, as amended;
- domestic violence in the first degree, as provided in Section 13A-6-130, Code of Alabama 1975, as amended;
- human trafficking in the first degree, as provided in Section 13A-6-152, Code of Alabama 1975, as amended;
- burglary in the first degree, as provided in Section 13A-7-5, Code of Alabama 1975, as amended;
- arson in the first degree, as provided in Section 13A-7-41, Code of Alabama 1975, as amended;
- robbery in the first degree, as provided in Section 13A-8-41, Code of Alabama 1975, as amended;
- terrorism, as provided in subdivision (b)(2) of Section 13A-10-152, Code of Alabama 1975, as amended; and
- aggravated child abuse, as provided in subsection (b) of Section 26-15-3.1, Code of Alabama 1975, as amended;
§17 | SUSPENSION OF HABEAS CORPUS
§18 | TREASON AGAINST THE STATE
§19 | BILLS OF ATTAINDER OF TREASON BY LEGISLATURE PROHIBITED; CONVICTION NOT TO WORK CORRUPTION OF BLOOD OR FORFEITURE OF ESTATE
That no person shall be attainted of treason by the legislature; and no conviction shall work corruption of blood or forfeiture of estate.
§2-2.20 | JUDICIAL COMMISSION
The Baldwin County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to a vacancy. The commission shall be composed of five members. The members of the commission shall be one person who is a member of the Alabama State Bar nominated by the Baldwin County Bar Association, the presiding circuit judge holding in Baldwin County, one member selected by the Baldwin County Commission, one member selected by the Baldwin County Mayors' Association where at least two thirds of the members are in attendance at the meeting where the selection is made, and one member who is not a member of the Legislature selected by the Baldwin County Legislative Delegation selected by random selection as designed by the members of the Alabama House of Representatives and the Alabama Senate who represent Baldwin County.
All members of the commission shall reside in the territorial jurisdiction of the circuit court holding in Baldwin County.
Only the member selected by the Baldwin County Bar Association and the presiding circuit judge holding in Baldwin County may be a member of the Alabama State Bar. The member of the commission who is required to be a member of the Alabama State Bar shall be elected by the members of the bar who are regularly licensed and qualified to practice law in this state and who reside in the territorial jurisdiction of the circuit court holding in Baldwin County. The Executive Committee of the Baldwin County Bar Association, or its successor body in that capacity, shall make rules, not inconsistent with this amendment, for the election of the member of the commission required to be a member of the Alabama State Bar. The executive committee shall certify in writing to the Judge of Probate of Baldwin County the name of the person elected as member of the commission by these members of the bar.
The presiding circuit judge holding in Baldwin County shall certify in writing to the Judge of Probate of Baldwin County the remaining names of the persons selected as members of the commission.
The terms of office of all members of the commission shall be six years. In event that an initial appointment or vacancy is not filled in 30 days, the vacancy shall be filled by the members of the Baldwin County Legislative Delegation residing in Baldwin County within 10 days. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen.
The Judge of Probate of Baldwin County shall record all certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his or her receipt and recordation of every certificate, the judge of probate shall send to the Governor a certified copy of every certificate.
No member of the commission shall be eligible for nomination to the Governor for appointment as judge of the circuit court or the district court during the term of office of the commission member.
The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of the commission shall hold any official position in any political party.
If a vacancy occurs in the office of judge of the circuit court or the office of judge of the district court holding in Baldwin County, the commission shall nominate within 30 days to the Governor three persons having the qualifications for the office. If the commission fails to nominate three names during the 30-day period, the names shall be selected by the members of the Baldwin County Legislative Delegation residing in the county within 10 days. The names of all persons considered for nomination shall be available for review by the public and shall be deemed a public record. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. If the Governor fails to make an appointment from the list within 30 days from the date it is presented to the Governor, the appointment shall be made by the Chief Justice or the acting Chief Justice of the Supreme Court from the same list. The term of office of a judge appointed to fill a vacancy shall be as otherwise provided in Section 153 of the Constitution of Alabama of 1901.
§20 | IMPRISONMENT FOR DEBTS
§21 | SUSPENSION OF LAWS
§22 | EX POST FACTO LAWS; IMPAIRMENT OF OBLIGATIONS OF CONTRACTS; IRREVOCABLE OR EXCLUSIVE GRANTS OF SPECIAL PRIVILEGES OR IMMUNITIES
§24 | NAVIGABLE WATERS DECLARED FREE PUBLIC HIGHWAYS; TAXES, TOLLS, ETC., FOR USE OF SHORES OR WHARVES
§25 | RIGHT TO PEACEABLY ASSEMBLE AND PETITION FOR REDRESS OF GRIEVANCES, ETC
§26 | RIGHT TO BEAR ARMS
(b) No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.
§27 | STANDING ARMY; MILITARY SUBORDINATE TO CIVIL POWER
§28 | QUARTERING OF SOLDIERS IN HOUSES
§29 | TITLES OF NOBILITY, HEREDITARY DISTINCTION, ETC.; RESTRICTION ON APPOINTMENTS TO OFFICE
That no title of nobility or hereditary distinction, privilege, honor, or emolument shall ever be granted or conferred in this state; and that no office shall be created, the appointment to which shall be for a longer time than during good behavior.
§30 | IMMIGRATION, EMIGRATION AND EXILE
§31 | RESIDENCE NOT FORFEITED BY TEMPORARY ABSENCE FROM STATE
§32 | SLAVERY PROHIBITED; INVOLUNTARY SERVITUDE
§33 | PROTECTION OF SUFFRAGE
§34 | PROPERTY RIGHTS OF ALIENS
§35 | OBJECTIVE OF GOVERNMENT
§36 | CONSTRUCTION OF DECLARATION OF RIGHTS
§36.01 | ENGLISH AS OFFICIAL LANGUAGE OF STATE
Any person who is a resident of or doing business in the state of Alabama shall have standing to sue the state of Alabama to enforce this amendment, and the courts of record of the state of Alabama shall have jurisdiction to hear cases brought to enforce this provision. The legislature may provide reasonable and appropriate limitations on the time and manner of suits brought under this amendment.
§36.02 | SPORTSPERSON’S BILL OF RIGHTS
(b) This amendment shall be known as the “Sportsperson”s Bill of Rights.”
§36.03 | SANCTITY OF MARRIAGE
(b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting this unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.
(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.
(e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.
(f) The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.
(g) A union replicating marriage of or between persons of the same sex in the State of Alabama or in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state as a marriage or other union replicating marriage.
§36.04 | MANDATORY PARTICIPATION IN HEALTH CARE SYSTEM PROHIBITED
(b) A person or employer may pay directly for health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.
(c) The purchase or sale of health insurance in private health care systems shall not be prohibited by law or rule.
§36.05 | RIGHT TO WORK
(b) An agreement or combination between an employer and labor union or labor organization which provides that a person who is not a member of the union or organization shall be denied the right to work for the employer, or where membership in the union or organization is made a condition of employment or continuation of employment by the employer, or where the union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy and an illegal combination or conspiracy.
(c) No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment.
(d) A person may not be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of his or her employment.
(e) An employer may not require a person, as a condition of employment or continuation of employment, to pay dues, fees, or other charges of any kind to any labor union or labor organization.
(f) This amendment shall not apply to any lawful contract in force on or prior to the date of the ratification of this amendment but it shall apply in all respects to contracts entered into after the date of the ratification of this amendment, and to any renewal or extension of an existing contract.
§36.06 | SANCTITY OF UNBORN LIFE
(b) This state further acknowledges, declares, and affirms that it is the public policy of this state to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate.
(c) Nothing in this constitution secures or protects a right to abortion or requires the funding of an abortion.
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