Chapter 1A: Class Actions · Last amended November 1, 2013 · Last verified August 3, 2026
In one sentenceSection 20 defines “foreign law,” “court,” and “religious organization,” then voids any Oklahoma court, arbitration, or contract ruling that applies foreign law failing to grant the same fundamental constitutional liberties as the U.S. and Oklahoma Constitutions.
1."Foreign law" means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction's courts, administrative bodies, or other formal or informal tribunals. For the purposes of this section, foreign law shall not mean, nor shall it include, any laws of the federally recognized American Indian tribes or nations in this state or territory of the United States;
2."Court" means any court, board, administrative agency, or other adjudicative or enforcement authority of this state; and
3."Religious organization" means any church, seminary, synagogue, temple, mosque, religious order, religious corporation, association, or society, whose identity is distinctive in terms of common religious creed, beliefs, doctrines, practices, or rituals, of any faith or denomination, including any organization qualifying as a church or religious organization under Section 501(c)(3) or 501(d) of the United States Internal Revenue Code.
B.Any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on foreign law that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Constitution of this state.
C.A contract or contractual provision, if capable of segregation, which provides for the choice of a foreign law to govern some or all of the disputes between the parties shall violate the public policy of this state and be void and unenforceable if the foreign law chosen includes or incorporates any substantive or procedural law, as applied to the dispute at issue, that would not grant the parties at least the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Constitution of this state.
1.A contract or contractual provision, if capable of segregation, which provides for a jurisdiction for purposes of granting the courts or arbitration panels in personam jurisdiction over the parties to adjudicate any disputes between parties arising from the contract shall violate the public policy of this state and be void and unenforceable if the jurisdiction chosen includes any foreign law as applied to the dispute at issue, that would not grant the parties at least the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Constitution of this state.
2.If a resident of this state, subject to personal jurisdiction in this state, seeks to maintain litigation, arbitration, agency or similarly binding proceedings in this state and if the courts of this state find that granting a claim of forum non conveniens or a related claim violates or would likely lead to the application of foreign law that would not grant a nonclaimant at least the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions, then it is the public policy of this state that the claim shall be denied.
E.This section shall not apply to any contract or agreement to which a corporation, partnership, limited liability company, business association, or other legal entity binds itself.
F.No court or arbitrator shall interpret this section to limit the right of any person to the free exercise of religion as guaranteed by the First Amendment to the United States Constitution and by the Constitution of this state. No court shall interpret this section to require or authorize any court to adjudicate, or prohibit any religious organization from adjudicating, ecclesiastical matters, including, but not limited to, the election, appointment, calling, discipline, dismissal, removal or excommunication of a member, officer, official, priest, nun, monk, pastor, rabbi, imam or member of the clergy, of the religious organization, or determination or interpretation of the doctrine of the religious organization, where adjudication by a court would violate the prohibition of the establishment clause of the First Amendment of the United States Constitution, or violate the Constitution of this state.
G.This section shall not be interpreted by any court to conflict with any federal treaty including, but not limited to, any treaty with any federally recognized American Indian tribe or nation, or other international agreement to which the United States is a party to the extent that such treaty or international agreement preempts or is superior to state law on the matter at issue.
Amendment History
Added by Laws 2013, c. 58, s. 1, eff. 11/1/2013.
Plain-English Summary
Subsection A defines three terms for the rest of the section: “foreign law” covers any legal system outside a U.S. state or territory, but expressly excludes the laws of Oklahoma's federally recognized tribes; “court” reaches any adjudicative or enforcement body in the state; “religious organization” covers churches and similar bodies, including anything qualifying under the tax code's 501(c)(3) or 501(d).
Subsections B and C do the work: a court, arbitration, or agency ruling is void and unenforceable as against public policy if it applies foreign law that wouldn't grant the affected parties the same fundamental rights, such as due process, free speech, free exercise of religion, or privacy, that the U.S. and Oklahoma Constitutions guarantee. A contract clause choosing that kind of foreign law to govern a dispute is void on the same terms, and subsection D extends the same rule to forum-selection clauses and to forum non conveniens requests that would send a case toward such a foreign law.
The remaining subsections narrow the reach: subsection E carves out contracts between business entities entirely; subsection F bars courts from using the section to interfere with a religious organization's own ecclesiastical matters, like clergy discipline or doctrine; and subsection G keeps the section from conflicting with a federal treaty, including one with a tribal nation, that preempts state law.
Frequently Asked Questions
What counts as “foreign law” under this section?
Any law or legal system from outside a U.S. state or territory, applied by that jurisdiction's courts or tribunals; the definition expressly excludes the laws of Oklahoma's federally recognized tribes.
Can a contract validly choose a foreign law to govern a dispute in Oklahoma?
Not if that foreign law would deny the parties the same fundamental liberties the U.S. and Oklahoma Constitutions guarantee, such as due process, free speech, religious freedom, or privacy; a clause choosing such a law is void as against public policy.
Does this section apply to contracts between two businesses?
No, subsection E exempts any contract that a corporation, partnership, LLC, or other business entity binds itself to.
Does this section let courts interfere with a church's internal decisions?
No, subsection F bars courts from using the section to adjudicate ecclesiastical matters like clergy discipline, appointment, or church doctrine.
Does this section override federal treaties or agreements with tribal nations?
No, subsection G says the section can't be read to conflict with a federal treaty or international agreement, including one with a federally recognized tribe, that preempts state law.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:Oklahoma foreign law statute12 O.S. § 20foreign law public policy Oklahoma courtschoice of foreign law contract void Oklahoma