Updated: Resolution Filed Declaring “Religious Freedom Day”

UPDATE: Sen. Jason Rapert (R – Conway) has filed a similar resolution in the Arkansas Senate: SR 1.

This morning Rep. Mary Bentley (R – Perryville) filed House Resolution 1002 declaring Wednesday, January 16, 2019, Religious Freedom Day.

The resolution also honors the anniversary of the enactment of the Virginia Statute for Religious Freedom — a milestone for religious liberty in our country’s history — and affirms that religious freedom is a fundamental right.

H.R. 1002 contains numerous quotes from Founding Fathers and U.S. Presidents about religious liberty as well.

The free exercise of religion has come under attack in recent years. That’s why, more than ever, government needs to promote and defend religious liberty in America.

You can read H.R. 1002 here.

You can read S.R. 1 here.

State Officials, City Attorneys Spar Over Fayetteville Ordinance

In 2015 the Arkansas Legislature passed Act 137, the Intrastate Commerce Act. This good law prevents local municipalities from creating protected classes not found in state law.

It ensures Arkansas does not wind up with a patchwork of conflicting civil rights ordinances and policies in different cities and counties. It also helps ensure local municipalities do not adopt ordinances that undermine religious liberties.

In the fall of 2015 the City of Fayetteville adopted an ordinance creating protections based on sexual orientation and gender identity.

Arkansas Attorney General Leslie Rutledge wrote that the ordinance was unenforceable under Act 137. Last February the Arkansas Supreme Court agreed and overturned the ordinance, saying it violates state law.

The discussion should have ended there, but now attorneys from the City of Fayetteville and the State of Arkansas are back in court, arguing over whether or not Act 137 is constitutional. Fayetteville’s attorneys say the law is not constitutional. The state’s attorneys say it is.

The judge overseeing the case has even gone so far as to suggest that lawmakers who sponsored Act 137 should be questioned to determine their reasoning for the legislation.

Legislative intent is important, but it has nothing to do with whether or not Act 137 is constitutional. Laws about discrimination are best left to the state and federal governments. Act 137 simply ensures the state will make those policies rather than local municipalities.

You can read more about this story here.

Photo Credit: “Old Main from the northwest, University of Arkansas, Fayetteville, Arkansas (autumn)” by Brandonrush – Own work. Licensed under Creative Commons Attribution-Share Alike 3.0 Unported.

Family Council Supports Physical Privacy and Safety Act

On Monday state Senator Linda Collins-Smith (R-Pocahontas) filed S.B. 774, the Arkansas Physical Privacy and Safety Act.

Family Council President Jerry Cox released a statement saying, “This is a good bill that will help ensure all Arkansans are protected and their privacy is respected. Arkansas needs this legislation to help protect children in public school showers, locker rooms, and restrooms. I hope the Arkansas Legislature will support this good bill.”

Cox said the legislation protects the physical privacy of people in showers, restrooms, and locker rooms on government property. “This bill does not affect private businesses like Walmart or Target. It is narrowly tailored to apply to government property, such as public schools, state parks, and government buildings. It simply requires a person using a public shower, locker room, restroom, or similar facility on government property to use the facility that corresponds to the biological sex listed on his or her original birth certificate. It also provides reasonable accommodations for transgender individuals.”

Cox said the legislation is important, because Arkansas law currently does not protect the privacy of students and others on government property. “Every student in Arkansas has a right to privacy and safety. Public school students’ school records are protected by law, because we value students’ privacy. A student’s physical privacy should be just as important. This bill will help protect the privacy of public school students in school locker rooms and restrooms.”

Cox said Family Council plans to support passage of the Arkansas Physical Privacy and Safety Act. “Arkansas has a duty to protect the privacy and safety of its schoolchildren. I believe that’s something our elected officials want to do. That’s what S.B. 774 does. We look forward to working with legislators to pass this good bill into law.”

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