Arkansas’ Amendment 68 Prevents Pro-Abortion Rulings Like Other States Have Suffered

A county judge’s decision to temporarily block enforcement of a pro-life law in Indiana has left some people wondering if courts in Arkansas could suspend the state’s law protecting unborn children from abortion as well.

Last week Owen County Judge Kelsey Hanlon temporarily paused enforcement of Indiana’s state law that prohibits abortion except in cases of rape or incest, to save the life of the mother, or if the baby has a lethal anomaly. The judge cited the equal protection clause in the state’s constitution, and the decision will remain in place while the Indiana courts evaluate the pro-life law.

As a result, some people have speculated that Arkansas’ pro-life law generally prohibiting abortion could similarly be blocked in state court, but that is highly unlikely, because of Amendment 68 to the Arkansas Constitution.

Amendment 68 reads,

1. Public funding.

No public funds will be used to pay for any abortion, except to save the mother’s life.

2. Public policy.

The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution.

3. Effect of amendment.

This amendment will not affect contraceptives or require an appropriation of public funds.

Amendment 68 says in no uncertain terms that Arkansas’ policy is to protect the lives of unborn children to whatever extent federal law allows.

Since the U.S. Supreme Court has reversed Roe v. Wade, that means Arkansas’ constitution lets the state enforce any reasonable laws restricting or prohibiting abortion.

Family Council is not aware of any amendment addressing abortion in the Indiana Constitution the way Arkansas’ does.

So while there may be questions about whether or not Indiana’s pro-life laws track with their state’s constitution, a judge in Arkansas would have to take serious liberties with the Arkansas Constitution to block enforcement of one of our state’s pro-life laws.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Pulaski County Quorum Court to Consider Pro-Life Resolution on Tuesday

The Pulaski County Quorum Court will consider a resolution affirming that the county is Pro-Life at its meeting on Tuesday evening.

Family Council obtained a copy of the proposed resolution, which reads,


WHEREAS, the Declaration of Independence declares that all men are created equal, and that they are endowed by their Creator with certain unalienable rights, including the right to life; and

WHEREAS, Amendment 68 to the Arkansas Constitution states that the policy of the State of Arkansas is to protect the life of every unborn child from conception until birth; and

WHEREAS, it is the duty of state and local governments to protect the unalienable right to life of every person within their respective jurisdictions; and

WHEREAS, the United States Supreme Court stated in Poelker v. Doe, 432 U.S. 519 (1977), that the United States Constitution does not forbid a municipality, pursuant to democratic processes, from expressing a preference for normal childbirth instead of abortion;

NOW, THEREFORE, BE IT RESOLVED by the Quorum Court of the County of Pulaski, Arkansas, that:

1) It is the policy of the County of Pulaski to promote and protect the dignity and humanity of all persons at all stages of life from conception until natural death.

2) The County of Pulaski declares itself to be a Pro-Life County.

Last year the Arkansas Legislature enacted Act 392 of 2021 by Rep. Kendon Underwood (R – Cave Springs) and Sen. Gary Stubblefield (R – Branch) affirming that cities and counties can designate themselves as Pro-Life.

Act 392 also says that Pro-Life Communities can install signs or banners announcing that they are Pro-Life.

To date, Benton, Washington, Crawford, Cleburne, Pope, Jackson, Saline, Faulkner, Perry, Sebastian, Lee, White, Prairie, Searcy, Carrol, Newton, Boone, Hot Spring, Madison, and Fulton counties have adopted Pro-Life resolutions.

Pro-Life Cities in Arkansas include MariannaRussellvilleSpringdaleLaGrangeMoroAubrey, Haynes, MarshallWestern GroveLeslieTontitownJasper, Bryant, and Lowell.

The U.S. Supreme Court’s reversal of Roe v. Wade paves the way for state and local government to affirm their commitment to human life. Family Council urges the Pulaski County Quorum Court to adopt this good, pro-life resolution.

Poll Shows Most Arkansas Voters Don’t Want to Make It Easier to Get an Abortion

Recently, Talk Business & Politics released poll results that indicate likely voters in Arkansas generally do not think state law should be changed to make abortion more accessible.

Arkansas law generally prohibits abortion except to save the life of the mother.

Talk Business & Politics asked 835 likely voters if they thought the law should be changed.

After analyzing the poll numbers Talk Business & Politics released, Family Council estimates:

  • 43% of Arkansans that Talk Business & Politics surveyed support the current abortion law.
  • 1.6% actually think it should be harder to get an abortion in Arkansas.
  • 46.5% believes it should be easier to get an abortion.
  • 9% of those surveyed do not know where they stand on the issue.

Here is how Family Council arrived at this conclusion:

Talk Business surveyed Arkansans on abortion by asking them the following questions:

Q. Currently abortions are illegal in Arkansas except in cases necessary to save the life of the mother. Do you support these current restrictions on abortion or do you believe that Arkansas law should be changed?

43% Support current law
50.5% Should be changed
6.5% Don’t Know

For those who thought the law should be changed, they were asked the additional question:

Q. Thinking more about changing the current abortion law, in your opinion should it be changed to make it easier or harder to get an abortion?

92% Easier
3% Harder
5% Don’t Know

Using these numbers, we can estimate that out of 835 Arkansans surveyed, 359 (43%) said they support the law as it is, while 422 (50.5%) said the law should be changed somehow.

Ninety-two percent of those 422 respondents said the law should be changed to make it easier to have an abortion; that’s approximately 388 people.

Three percent said it should be harder to have an abortion; that’s approximately 13 people.

So out of 835 likely Arkansas voters, 359 support the state’s abortion ban as it is; 13 want the ban strengthened; 388 want it weakened; and 75 don’t know.

Talk Business noted that the margin of error on its survey is +/- 3.8%, and that the poll is slightly weighted to account for demographics such as age, ethnicity, education, and gender.

With that in mind, the numbers that Talk Business & Politics published seem to indicate that pro-life and pro-choice Arkansans are in a statistical tie right now over the state’s abortion laws.

The most consistent and compelling poll numbers on abortion in Arkansas have come from the University of Arkansas year after year.

The Arkansas Poll released each November consistently shows that the vast majority of Arkansans believe abortion should be either completely illegal — without exception — or legal only under certain circumstances.

Life is a human right. Now that the U.S. Supreme Court has reversed Roe v. Wade, Arkansas is protecting the right to life and supporting women with unplanned pregnancies.

Family Council looks forward to continuing to work with Arkansans to protect women and children from abortion.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.