ACLU Plans to Challenge Arkansas’ New Laws, Opposes Religious Freedom Amendment

Last week the ACLU of Arkansas issued a report calling the state’s 2021 legislative session “a catastrophe for civil and human rights in Arkansas.”

The report heavily criticized some of the good laws the Arkansas Legislature passed this year, including:

  • Act 309 / S.B. 6 (Prohibiting Abortion): This good law by Sen. Jason Rapert (R – Conway) and Rep. Mary Bentley (R – Perryville) prohibits abortion in Arkansas, except in cases when the mother’s life is in jeopardy. This could save the lives of thousands of children and give the courts an opportunity to overturn bad, pro-abortion rulings. Read The Law Here.
  • Act 626 / H.B. 1570 (Prohibiting Sex-Reassignment on Children): This good law by Rep. Robin Lundstrum (R – Springdale) and Sen. Alan Clark (R – Lonsdale) prohibits sex-reassignment procedures on children. The law also prevents funding of sex-reassignment procedures performed on children. This law will protect children from being subjected to surgeries and procedures that can leave them sterilized and permanently scarred. Read The Law Here.
  • Act 461 / S.B. 354 (Protecting Fairness in Women’s Sports): This good law by Sen. Missy Irvin (R – Mountain View) and Rep. Sonia Barker (R -Smackover) would prevent male student athletes from competing against girls in women’s athletics. This would protect fairness for girls’ sports at school in Arkansas. Read The Law Here.
  • S.J.R. 14 (Religious Freedom Amendment): S.J.R. 14 by Sen. Jason Rapert (R – Conway) and Rep. Jimmy Gazaway (R – Paragould) amends the Arkansas Constitution. It prevents the government from burdening a person’s free exercise of religion. The measure is similar to Arkansas’ state Religious Freedom Restoration Act. Family Council strongly supports this good amendment to the Arkansas Constitution. Read The Measure Here.

The ACLU indicated it plans to file lawsuits to block the state from enforcing Act 309 and Act 626.

If the ACLU follows through with its lawsuit against Act 309 (S.B. 6), it will give the federal courts an opportunity to reverse decades of bad case law on abortion — including possibly overturning or Roe v. Wade, Planned Parenthood v. Casey, and other pro-abortion decisions.

The ACLU also said “The Arkansas Religious Freedom Amendment [S.J.R. 14] would be among the most extreme of its kind in the country, giving people a basis to challenge and exempt themselves from virtually any state law.”

But that simply is not the case.

Most states in America have enacted Religious Freedom Restoration Acts similar to S.J.R. 14 already.

Alabama has had a religious freedom amendment very similar to S.J.R. 14 in its state constitution for many years.

Measures like S.J.R. 14 simply help restore protections for the free exercise of religion. It’s just a good amendment that will help ensure that our state constitution protects religious liberty in Arkansas.

That’s something that everybody ought to be able to support.

Arkansas Legislature Refers Religious Freedom Amendment to Voters

On Tuesday the Arkansas Legislature passed S.J.R. 14.

This good measure by Sen. Jason Rapert (R – Conway) and Rep. Jimmy Gazaway (R – Paragould) refers the Arkansas Religious Freedom Amendment to voters for the November 2022 election.

If enacted, S.J.R. 14 would write good protections for religious liberty into the Arkansas Constitution.

It prevents the government from burdening a person’s free exercise of religion. The measure is similar to Arkansas’ state Religious Freedom Restoration Act. However, it writes protections for religious freedom into the Arkansas Constitution.

Read S.J.R. 14 Here.

ACLU Opposes Arkansas Religious Freedom Amendment

This week the ACLU issued a series of statements on Twitter opposing the Arkansas Religious Freedom Amendment, S.J.R. 14.

This good measure by Sen. Jason Rapert (R – Conway) and Rep. Jimmy Gazaway (R – Paragould) would amend the Arkansas Constitution.

If adopted, it would prevent the government from burdening a person’s free exercise of religion.

The measure is similar to Arkansas’ state Religious Freedom Restoration Act. You Can Read S.J.R. 14 Here.

According to the ACLU, S.J.R. 14 is “among the most extreme [religious freedom measures] in the country,” and it would “put Arkansas out of step with nearly all other states.”

But that simply is not the case.

Most states have enacted Religious Freedom Restoration Acts similar to S.J.R. 14 already.

Alabama has a religious freedom amendment very similar to S.J.R. 14 in its state constitution.

In fact the ACLU used to support state and federal Religious Freedom Restoration Acts like these in 1990s.

State and federal measures restoring religious freedom in America came about because courts had so badly eroded religious liberty in America. The laws simply help restore protections for the free exercise of religion.

S.J.R. 14 is no different in that regard. It’s just a good measure that will help ensure that our state constitution protects religious liberty in Arkansas. That’s something that all of us ought to be able to support.