Arkansas HB 1228, also known as the Conscience Protection Act and the Religious Freedom Restoration Act, is a law in the state of
Arkansas
Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the O ...
that aims to increase "judicial scrutiny" in cases involving religious beliefs. Opponents of the law say that it will allow for lawful discrimination of
LGBT
' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity.
The LGBT term ...
people.
The law was passed by the Arkansas Senate on March 31, 2015.
The next day, Governor
Asa Hutchinson
William Asa Hutchinson II (, '' AY-sə''; born December 3, 1950) is an American attorney, businessman, and politician who is the 46th and current governor of Arkansas. A member of the Republican Party, he was the U.S. attorney for the Fort Smit ...
announced he would not sign the bill as written, instructing the legislature to make changes to its language.
The final version was passed and signed into law as Act 975.
Background
Politifact reports that "Conservatives in Indiana and elsewhere see the Religious Freedom Restoration Act as a vehicle for fighting back against the legalization of same-sex marriage."
In 2015, the Alabama Supreme Court ordered a halt to the issuing of same-sex marriage licenses, Kansas rescinded an LGBT anti-discrimination order, and Arkansas prohibited anti-discrimination codes being enacted by cities and local governments.
The bill was sponsored by Republican state representative
Bob Ballinger and Republican state Senator
Bart Hester
Bart Franklin Hester (born December 9, 1977) is an American politician serving as a member of the Arkansas Senate from the 1st district. Elected in November 2012, he assumed office on January 14, 2013.
Early life and education
A native of Conwa ...
.
Reaction
Walmart
Walmart Inc. (; formerly Wal-Mart Stores, Inc.) is an American multinational retail corporation that operates a chain of hypermarkets (also called supercenters), discount department stores, and grocery stores from the United States, headquarter ...
,
Apple
An apple is an edible fruit produced by an apple tree (''Malus domestica''). Apple trees are cultivated worldwide and are the most widely grown species in the genus ''Malus''. The tree originated in Central Asia, where its wild ancestor, ' ...
, and
Acxiom
Acxiom (pronounced "ax-ee-um") is a Conway, Arkansas-based database marketing company. The company collects, analyzes and sells customer and business information used for targeted advertising campaigns. The company was formed in 2018 when Acxi ...
have publicly criticized the law, which is similar to
Indiana SB 101, a law passed in Indiana a few days earlier.
Walmart CEO
Doug McMillon
Carl Douglas McMillon (born October 17, 1966) is an American businessman, and the president and chief executive officer (CEO) of Walmart Inc. He sits on the retailer's board of directors. Having first joined the company as a summer associate ...
called on Governor Hutchinson to veto the legislation.
Hundreds of protesters rallied at Arkansas' Capitol to oppose the bill.
The law inspired the "End Hate" installation series by Arkansas artist
V. L. Cox, which was installed on the grounds of the
Arkansas State Capitol
The Arkansas State Capitol, often called the Capitol Building, is the home of the Arkansas General Assembly, and the seat of the Arkansas state government that sits atop Capitol Hill at the eastern end of the Capitol Mall in Little Rock, Arkan ...
and subsequently traveled the nation.
Similar bills in other states
A similar bill in Georgia has stalled, with constituents expressing concern to Georgia lawmakers about the financial impacts of such a bill.
A meeting on the bill was cancelled. Supporters of the bill have stated that the bill would be "gutted" by the inclusion of anti-discrimination clause. The convention industry in Georgia has stated that a $15 million business could be at risk of boycotts.
After the ''
Burwell v. Hobby Lobby Stores, Inc.'' decision, the definition of religious beliefs has expanded from the beliefs of individual employees to the practices of
closely held for-profit corporations.
Georgia State Rep. Stacey Evans, R-Smryna, proposed an amendment to change references of "persons" to "individuals," which would have eliminated corporations from the protection of the bill. State Rep. Barry Fleming, R-Harlem, noted that such a move would negate the "closely held corporation" protection granted last year by the U.S. Supreme Court in the Hobby Lobby case. The amendment was rejected.
Texas SJR 10 and HJR 55 plan to introduce a similar bill that changes the language from "substantially burden" to "burden". The Texas Business Association voted to oppose the bills.
Molly White introduced a bill that would expressly grant private businesses the right to “refuse to provide goods or services to any person based on a sincerely held religious belief or on conscientious grounds.”
A similar bill in North Carolina has stalled, with commentators predicting a backlash similar to Indiana's.
References
{{Reflist
External links
Full text of HB 1228Full text of Act 975
LGBT rights in Arkansas
Legal history of Arkansas
2015 in American law
2015 in Arkansas
2015 in LGBT history
2015 in religion
Religion in Arkansas