Trial Over Arkansas’ Ten Commandments Monument to Move Forward Sometime After August 31

Ten Commandments Monument

Earlier this month U.S. District Judge Kristine Baker issued an order outlining the schedule for a lawsuit over Arkansas’ monument of the Ten Commandments.

Judge Baker’s scheduling order indicates that a trial date in the case will be set sometime after August 31 of this year.

The Arkansas Legislature passed a measure in 2015 authorizing a privately-funded monument of the Ten Commandments on the State Capitol Building grounds.

The authorized monument is identical to one ruled constitutional at the capitol building in Texas.

Shortly after the monument was unveiled, atheist groups and the Satanic Temple joined a lawsuit to have it removed.

The case originally was set to go to trial in July of 2020, but the trial was postponed due to the COVID-19 pandemic.

The lawsuit has remained in limbo ever since, and Judge Baker has twice been asked to set a schedule for resolving it.

Based on Judge Baker’s scheduling order, it is unclear whether or not Judge Baker will rule in the case before the end of this year.

As we have said many times, there shouldn’t be anything controversial about a monument honoring the significance of the Ten Commandments.

Historians have long recognized the Ten Commandments as one of the earliest examples of the rule of law in human history, and they have helped shape the laws in countries around the world.

Arkansas’ monument simply honors that legacy.

READ MORE

Looking Back at the Third Week of the Arkansas Legislature

Legislation, Legislature

The Arkansas Legislature just finished its third week of the 2023 session. Here’s a quick look back at what happened.

Monday

  • Rep. David Ray (R – Maumelle) and Sen. Ben Gilmore (R – Crossett) filed H.J.R. 1001 amending the state constitution concerning salaries for elected officials.

Tuesday

  • The Arkansas House of Representatives passed H.B. 1098 expanding Arkansas’ Safe Haven law that lets a woman anonymously surrender her newborn.
  • H.B. 1024 that could expand public drinking in “entertainment districts” in Arkansas failed to pass in the Senate City, County, and Local Affairs Committee.
  • The Arkansas Senate overwhelmingly passed S.B. 43 protecting children from drag shows.

Wednesday

  • Rep. Wade Andrews (R – Camden) and Sen. Steve Crowell (R – Magnolia) filed H.B. 1255 prohibiting China, Iran, North Korea, or Russia from purchasing property in Arkansas.

Thursday

Good Bills Passed

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.

Good Bills Filed So Far

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. See How Your Senator Voted Here. Read The Bill Here.

H.B. 1156 (Privacy): This bill by Rep. Mary Bentley (R – Perryville) and Sen. Dan Sullivan (R – Jonesboro) addresses privacy in public school locker rooms, showers, restrooms, changing areas, and similar facilities by requiring public schools to designate these facilities for “male” or “female” use. Read The Bill Here.

S.B. 66 (Pornography): This good bill by Sen. Tyler Dees (R – Siloam Springs) requires pornographic websites to use a government-issued ID or a commercially available age verification method to protect children from pornography. Read The Bill Here.

S.B. 81 (Obscenity): This good bill by Sen. Dan Sullivan (R – Russellville) and Rep. Justin Gonzales (R – Okolona) prohibits giving or sending a child harmful sexual material that contains nudity or sexual activity. The bill also eliminates exemptions for libraries and schools in the state’s obscenity statute, and it creates a civil cause of action Arkansans can use if the state, a city, or a county distributes obscene material. 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. See How Your Representative Voted. 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.B. 1148 (Family): This good bill by Rep. DeAnn Vaught (R – Horatio) and Sen. Kim Hammer (R – Benton) provides an income tax credit of up to $1,000 for money spent on diapers, baby formula, baby wipes, and prepackaged baby food. Read The Bill Here.

Bad Bills Filed So Far

H.B. 1024 (Public Drinking): This bill by Rep. David Ray (R – Maumelle) and Sen. Matt McKee (R – Pearcy) 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.

H.B. 1174 (Fetal Homicide and Wrongful Death): This bill by Rep. Richard Womack (R – Arkadelphia) and Sen. Matt McKee (R – Pearcy) changes Arkansas’ fetal homicide law and wrongful death statute. Among other things, the bill makes it possible to prosecute or sue a woman for the death of her unborn child. It is unclear how a court might interpret and enforce this bill in light of Arkansas’ laws prohibiting abortion. Read The Bill Here.

H.B. 1204 (Nonpublic School Testing): This bill by Rep. Jim Wooten (R – Beebe) requires nonpublic schools that receive any form of state funding to assess their students with a standardized test. Read The Bill Here.

Other Legislation to Watch

S.B. 4 (National Security): This 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.

H.B. 1255 (National Security): This bill by Rep. Wade Andrews (R – Camden) and Sen. Steve Crowell (R – Magnolia) prohibits corporations and governmental entities from China, Iran, North Korea, or Russia from purchasing property in Arkansas. Read The Bill Here.

H.J.R. 1001 (Salaries for Elected Offices): This proposed constitutional amendment by Rep. David Ray (R – Maumelle) and Sen. Ben Gilmore (R – Crossett) would let the General Assembly set salaries for various elected offices in the state. Read The Measure Here.

S.B. 113 (Contraception): This bill by Sen. Breanne Davis (R – Russellville) and Rep. Deann Vaught (R – Horatio) requires Medicaid to reimburse healthcare providers for long-acting, reversible contraception immediately and during postpartum. Read The Bill Here.

H.B. 1161 (Student Maternity and Paternity Leave): This bill by Rep. Ashley Hudson (R – Little Rock) provides prenatal and postnatal leave for public school students. Read The Bill Here.

READ MORE

House Committee Hears Testimony On Bill Protecting Public School Student Privacy in Locker Rooms, Restrooms

Legislation, Transgender, , ,

On Thursday the House Education Committee heard testimony for and against a bill protecting students’ privacy in public school locker rooms, showers, restrooms, changing areas and similar facilities.

H.B. 1156 by Rep. Mary Bentley (R – Perryville) and Sen. Dan Sullivan (R – Jonesboro) requires public schools to designate these facilities exclusively for “male” or “female” use.

The bill contains exceptions allowing public schools to make reasonable accommodations for transgender students — such as letting them use a a single-occupancy restroom or changing area.

In the past federal officials and others have tried to force public schools to let students use whatever locker room or restroom they want regardless of their biological sex. In some cases, this has threatened students’ privacy and physical safety.

However, federal courts have made it clear that schools can designate restrooms and locker rooms as “male” and “female.”

Earlier this month the Eleventh Circuit Court of Appeals ruled that “separating school bathrooms based on biological sex passes constitutional muster and comports with Title IX.”

Family Council has said for years that Arkansas needs to pass legislation that will protect the privacy and safety of children in public school showers, locker rooms, and restrooms.

H.B. 1156 is good, commonsense legislation that will do precisely that.

The House Education Committee heard testimony on the bill Thursday, and Family Council expects the committee to vote on the measure at a later date.

READ MORE