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.

Supreme Court Leaves Marijuana Amendment On Ballot

Thursday, September 22, 2022

Little Rock, Ark. — On Thursday the Arkansas Supreme Court chose to leave Issue 4, a proposed constitutional amendment legalizing marijuana in Arkansas, on the 2022 ballot.

Family Council President Jerry Cox released a statement, saying, “Issue 4 is a misleading proposal to legalize marijuana in Arkansas. It was crafted and supported by the marijuana industry. If it passes, Arkansas arguably will have the most unregulated cannabis industry of any state in America. That could bring serious crime and drug problems to Arkansas.”

Cox said Issue 4 is a recipe for disaster in Arkansas. “Issue 4 specifically prohibits the state from requiring criminal background checks for certain marijuana business owners. It legalizes any and all products, chemicals and derivatives made from the cannabis plant. It blocks public officials from zoning marijuana businesses or restricting marijuana use. It says point blank that state and local government cannot place additional taxes on marijuana. The amendment makes marijuana one of the least regulated industries in Arkansas. That is a recipe for disaster.”

Cox said Arkansans need to understand that marijuana legalization is being driven by drug cartels and big businesses. “Marijuana is a multi-billion dollar business. Drug cartels and shady corporations are cashing in on marijuana in states like Oregon and California. They clearly want to expand their market to Arkansas. We remain committed to fighting them every step of the way. Our state doesn’t need another drug problem.”