Arkansas Passes Measure to Mark Anniversary of Roe v. Wade as “Day of Tears”

Abortion, ,
Sen. Rapert presents H.C.R. 1007 in the Arkansas Senate.

On Wednesday the Arkansas Senate passed pro-life resolution H.C.R. 1007. The resolution previously passed the Arkansas House of Representatives.

This good resolution by Rep. Jim Wooten (R – Beebe) and Sen. Jason Rapert (R – Conway) recognizes January 22 — the anniversary of the U.S. Supreme Court’s Roe v. Wade abortion decision — as “The Day of Tears” in Arkansas.

The resolution also acknowledges the 61 million unborn babies killed in abortion in America over the past five decades, and it encourages Arkansans to lower their flags to half-staff on January 22 to mourn the innocent children who have lost their lives.

Alabama passed a similar resolution last month.

This is a good resolution that will forever mark the anniversary of Roe v. Wade in Arkansas — and remember the destruction that abortion has caused in our country.

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Arkansas House Rejects Bad End-of-Life Legislation

Bioethics,
Rep. Gazaway testifies against H.B. 1685 on the floor of the House.

On Wednesday the Arkansas House Representatives rejected two bad pieces of end-of-life legislation.

The first was H.B. 1685.

This bad bill lets healthcare workers who are not physicians work through end-of-life decisions with patients and family members. It does not require healthcare workers making these decisions to have appropriate training in end-of-life care. It makes it easier to deny a dying person food or water. Read H.B. 1685 Here.

H.B. 1685 received 31 votes. Fifty-five representatives voted against it.

The second was H.B. 1686. 

This bad bill lets healthcare workers who are not physicians complete Physician Order for Life-Sustaining Treatment (POLST) forms. It removes an important provision in state law that says a POLST form is not intended to replace an advance directive. It inadvertently prevents consulting physicians — such as palliative care physicians — from completing POLST forms with patients. Read H.B. 1686 Here.

H.B. 1686 received 38 votes. Forty-eight representatives voted against it.

Both bills were opposed by several different groups, including:

  • National Right to Life
  • Arkansas Right to Life
  • Euthanasia Prevention Coalition USA
  • Family Council
  • Northwest Arkansas Respect Life
  • Arkansas Advocates for Nursing Home Residents

Below is a breakdown of the vote on H.B. 1685 and H.B. 1686.

Voted FOR H.B. 1685

  • F. Allen
  • Barker
  • Bentley
  • Cavenaugh
  • Clowney
  • Coleman
  • Dalby
  • M. Davis
  • Eubanks
  • Evans
  • K. Ferguson
  • D. Ferguson
  • Fielding
  • V. Flowers
  • D. Garner
  • Godfrey
  • M. Gray
  • M. Hodges
  • Hollowell
  • Ladyman
  • McCullough
  • Miller
  • Murdock
  • Payton
  • Perry
  • Richmond
  • S. Smith
  • Wardlaw
  • Warren
  • D. Whitaker
  • Wing

Voted AGAINST H.B. 1685

  • Beatty Jr.
  • S. Berry
  • M. Berry
  • Boyd
  • Breaux
  • Brooks
  • Brown
  • Bryant
  • Carr
  • Christiansen
  • Cloud
  • A. Collins
  • C. Cooper
  • Cozart
  • Crawford
  • Deffenbaugh
  • Dotson
  • Ennett
  • C. Fite
  • L. Fite
  • Fortner
  • Gazaway
  • Haak
  • Holcomb
  • Hudson
  • Jean
  • Jett
  • L. Johnson
  • Lowery
  • Lundstrum
  • Lynch
  • Maddox
  • J. Mayberry
  • McClure
  • McCollum
  • M. McElroy
  • McGrew
  • McKenzie
  • McNair
  • S. Meeks
  • Milligan
  • Penzo
  • Ray
  • Richardson
  • Rye
  • Scott
  • Slape
  • B. Smith
  • Speaks
  • Springer
  • Tosh
  • Underwood
  • Watson
  • Womack
  • Wooten

Voted “Present” on H.B. 1685

  • Bragg
  • Furman
  • Hillman

Did Not Vote On H.B. 1685

  • Beck
  • Eaves
  • Gonzales
  • Hawks
  • Love
  • Magie
  • Nicks
  • Pilkington
  • Shepherd
  • Tollett
  • Vaught

Voted FOR H.B. 1686

  • F. Allen
  • Barker
  • Beck
  • Bentley
  • Brown
  • Cavenaugh
  • Clowney
  • Coleman
  • Dalby
  • M. Davis
  • Eaves
  • Eubanks
  • Evans
  • K. Ferguson
  • D. Ferguson
  • Fielding
  • V. Flowers
  • D. Garner
  • Godfrey
  • Gonzales
  • M. Gray
  • Hillman
  • M. Hodges
  • Hollowell
  • Hudson
  • Ladyman
  • McClure
  • McCullough
  • S. Meeks
  • Miller
  • Murdock
  • Nicks
  • Payton
  • Perry
  • S. Smith
  • Wardlaw
  • Warren
  • D. Whitaker

Voted AGAINST H.B. 1686

  • Beatty Jr.
  • S. Berry
  • M. Berry
  • Boyd
  • Bragg
  • Breaux
  • Brooks
  • Bryant
  • Carr
  • Christiansen
  • Cloud
  • A. Collins
  • C. Cooper
  • Crawford
  • Deffenbaugh
  • Dotson
  • Ennett
  • C. Fite
  • L. Fite
  • Gazaway
  • Haak
  • Hawks
  • Holcomb
  • L. Johnson
  • Lowery
  • Lundstrum
  • Lynch
  • Maddox
  • J. Mayberry
  • McCollum
  • M. McElroy
  • McGrew
  • McKenzie
  • Milligan
  • Penzo
  • Pilkington
  • Ray
  • Rye
  • Scott
  • Slape
  • B. Smith
  • Speaks
  • Springer
  • Tosh
  • Underwood
  • Watson
  • Womack
  • Wooten

Voted “Present” On H.B. 1686

  • Furman
  • Vaught

Did Not Vote on H.B. 1686

  • Cozart
  • Fortner
  • Jean
  • Jett
  • Love
  • Magie
  • McNair
  • Richardson
  • Richmond
  • Shepherd
  • Tollett
  • Wing

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Attorney General Rutledge Asks U.S. Supreme Court to Review Arkansas Law Barring Abortion Based on Down Syndrome

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The following is a press release from Arkansas Attorney General Leslie Rutledge’s office.

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge filed a petition for a writ of certiorari asking the U.S. Supreme Court to review a decision by the Eighth Circuit Court of Appeals that held the Constitution guarantees a right to selective abortion of children with Down syndrome. In January, the Eighth Circuit affirmed a lower court’s order that blocked Arkansas’s law prohibiting abortions that are performed solely on the basis of Down syndrome. Attorney General Rutledge’s petition asks the Supreme Court to reverse the Eighth Circuit.

“The Constitution does not require Arkansas to permit discrimination-by-abortion against Americans with Down syndrome,” said Attorney General Rutledge. “Through my personal friendships, I know that while individuals with Down syndrome may have an extra chromosome, they also have extra love and joy they share unconditionally, and I will not stand by while God’s gifts are exterminated as has been done in other countries.”

In 2019, Arkansas lawmakers passed Act 619, the Down Syndrome Discrimination by Abortion Prohibition Act. It prohibits a practitioner from performing an abortion if the woman is seeking the abortion “solely on the basis of” a diagnosis of Down syndrome or any other reason to believe the child has Down syndrome.

Shortly before Act 619 took effect, the ACLU, Planned Parenthood, and O’Melveny & Myers, an international law firm based in California, sued to block it and other laws. The federal district court in Little Rock took their side and ruled that the Constitution guarantees a right to selectively abort children with Down syndrome.

The Eighth Circuit affirmed, because it felt bound by prior decisions that have misinterpreted the Supreme Court’s precedent. Although the Eighth Circuit ultimately ruled against Arkansas, two of the three judges agreed with Arkansas that the Constitution does not guarantee a right to discriminatory, selective abortions. These two judges asked the Supreme Court to correct its precedent.

The case is called Rutledge v. Little Rock Family Planning Services, No. 20-1434. For a copy of the petition, click here.

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