Recapping the First Week of the 2023 Legislature

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Lawmakers hear testimony in support of H.C.R. 1005 declaring January 16, 2023, as Religious Freedom Day in Arkansas.

The Arkansas Legislature is wrapping up its first week of the 2023 session in Little Rock.

Lawmakers have filed several measures as the session gets underway.

Below is a quick look back at the week.

  • On Monday Sen. Gary Stubblefield (R – Branch) and Rep. Mary Bentley (R – Perryville) filed S.B. 43 prohibiting adult performances — including drag performances — on public property or in view of children.
  • Rep. Julie Mayberry (R – Hensley) and Sen. Missy Irvin (R – Mountain View) filed H.B. 1098 permitting Safe Haven Baby Boxes at volunteer fire stations in Arkansas.
  • Rep. Mary Bentley (R – Perryville) and Sen. Gary Stubblefield (R – Branch) filed H.C.R. 1005 declaring January 16, 2023, “Religious Freedom Day” in Arkansas.

Below is a breakdown of legislation filed so far this year.

Good Bills Filed

S.B. 43 (Decency): This good bill by Sen. Gary Stubblefield (R – Branch) and Rep. Mary Bentley (R – Perryville) prohibits drag performances on public property or in view of children. Read The Bill Here.

H.B. 1098 (Pro-Life): This good bill by Rep. Julie Mayberry (R – Hensley) and Sen. Missy Irvin (R – Mountain View) permits Safe Haven Baby Boxes at volunteer fire stations in Arkansas. Read The Bill Here.

H.B. 1006 (Abortion): This good bill by Rep. Aaron Pilkington (R — Knoxville) would require an employer that covers abortions or travel expenses related to abortions to also provide 16 weeks of paid maternity leave to employees in Arkansas. Read The Bill Here.

H.C.R. 1005 (Religious Freedom): This good measure by Rep. Mary Bentley (R – Perryville) and Sen. Gary Stubblefield (R – Branch) declares January 16, 2023, “Religious Freedom Day” in Arkansas. Read The Measure Here.

S.B. 4 (National Security): This good bill by Sen. Gary Stubblefield (R — Branch) and Rep. Mary Bentley (R — Perryville) restricts access to TikTok on computers, tablets, phones, and other devices owned by the State of Arkansas. Read The Bill Here.

Bad Bills Filed

H.B. 1024 (Public Drinking): This bill by Rep. David Ray (R – Maumelle) and Sen. Matt McKee (R – Dist. 6) would let cities and towns that do not collect advertising and promotion taxes on hotels and restaurants establish entertainment districts where public drinking is legal. This would let communities authorize public drinking in entertainment districts even if the community does not cater toward hospitality and tourism. That has the potential to expand public drinking in Arkansas. Read The Bill Here.

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Bill Filed to Prohibit Drag Performances On Public Property or Near Children

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On Monday Sen. Gary Stubblefield (R – Branch) and Rep. Mary Bentley (R – Perryville) filed S.B. 43 prohibiting drag performances on public property or in view of children.

The bill effectively would prevent drag shows at public libraries, public schools, or anywhere else where children might be.

Over the past few years public schools, colleges, and libraries in Arkansas have scheduled drag performances — including performances intended for children. Some of these events have been canceled following public backlash.

At public libraries in particular there has been a push to let men dressed up as exaggerated, hyper-sexualized caricatures of women read books to children. In some parts of the country events like these have exposed children and families to sexual predators.

Drag shows should not take place on public property or anywhere near children. S.B. 43 would protect children from these performances.

You can read S.B. 43 here.

Photo Credit: YouTube Screenshot.

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Federal Appeals Court Rules Against “Equal Rights Amendment”

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Phyllis Schafly, founder of Eagle Forum, was a longtime opponent of the federal Equal Rights Amendment.

On Wednesday a three-judge panel for the U.S. First Circuit Court of Appeals unanimously dismissed a lawsuit attempting to enact the federal Equal Rights Amendment.

The federal Equal Rights Amendment (ERA) would amend the U.S. Constitution. The amendment reads, “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”

Congress referred the amendment to the state legislatures for ratification in 1972, agreeing to add the amendment to the constitution if 38 states ratified it by 1979. However, only 35 state legislatures ratified the Equal Rights Amendment by the deadline, and five states that ratified the amendment later revoked their ratifications.

The Equal Rights Amendment is intended to prevent discrimination on the basis of sex, but the way it is worded could cause it to have a number of unintended consequences.

The ERA arguably would erase all distinctions between men and women in federal law.

That could affect everything from college fraternities and sororities at public universities to how men and women are housed in federal prisons to labor laws that protect women in the workplace to girls’ and boys’ athletics at public schools.

States that have enacted measures similar to the ERA have even been forced to pay for abortions with taxpayer funds. In a 2019 letter, the ACLU told Congress that “the Equal Rights Amendment could provide an additional layer of protection against restrictions on abortion.”

It’s important for men and women to have equal rights under the law, but the ERA simply carries too many unintended consequences.

That’s why major groups like National Right to Life, Concerned Women for America, and Eagle Forum oppose the federal Equal Rights Amendment.

That’s why Family Council has opposed efforts to ratify the ERA in Arkansas as well.

And that’s why it’s good to see federal courts dismissing efforts to implement the federal Equal Rights Amendment.

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