Legislation We’re Watching: Hate Crimes, Contraceptives, Abortion, and More

A number of bills have been pre-filed ahead of the 2021 legislative session in Arkansas.

Here are a few of the bills that Family Council is watching.

Good Bills Filed

S.B. 6 (Prohibiting Abortion): This good bill 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. Family Council fully supports this good bill. Read The Bill Here.

Bad Bills Filed

S.B. 3 (Enacting Hate Crimes Legislation): This bad bill by Sen. Jim Hendren (R – Gravette) and Rep. Fred Love (D – Little Rock) enacts hate crimes legislation by enhancing penalties for crimes committed against certain protected classes of people listed in the bill. The bill is virtually identical to H.B. 1020. Family Council has opposed hate crimes legislation for more than 20 years, and we oppose this bill as well. Read The Bill Here.

H.B. 1020 (Enacting Hate Crimes Legislation): This bad bill by Rep. Fred Love (D – Little Rock) and Sen. Jim Hendren (R – Gravette) enacts hate crimes legislation by enhancing penalties for crimes committed against certain protected classes of people listed in the bill. The bill is virtually identical to S.B. 3. Family Council has opposed hate crimes legislation for more than 20 years, and we oppose this bill as well. Read The Bill Here.

H.B. 1069  (Contraceptives): This bill by Rep. Aaron Pilkington (R – Clarksville) and Sen. Breanne Davis (R – Russellville) lets pharmacists dispense oral contraceptives to women without a prescription from a doctor. Oral contraceptives carry a number of health risks — which is why women currently need a prescription from a doctor — and they can cause the death of an unborn child by preventing the unborn child from implanting and growing inside the mother’s womb. Family Council opposes H.B. 1069. Read The Bill Here.

Other Bills We’re Watching

H.B. 1066 (Alcohol): This bill by Rep. Aaron Pilkington (R – Clarksville) would let microbrewery operators ship beer directly to private residences anywhere in the state of Arkansas or to residences in other states that allow direct shipment of alcohol. Read The Bill Here.

S.B. 32 (Alcohol): This bill by Sen. Jane English (R – North Little Rock) and Rep. Karilyn Brown (R – Sherwood) would let retail liquor permitholders — such as liquor stores — deliver alcoholic beverages to private residences in the county where the store is located. Read The Bill Here.

Federal Judge Orders Pro-Life Laws in Arkansas to Remain Blocked

Federal Courthouse in Little Rock. (Photo Credit: www.are.uscourts.gov)

Little Rock – On Tuesday U.S. District Judge Kristine Baker in Little Rock ordered four pro-life laws Arkansas passed in 2017 to remain blocked. The laws are Act 45 of 2017 prohibiting certain surgical abortion procedures that dismember a living unborn child; Act 733 of 2017 prohibiting abortions performed due to the baby’s sex; Act 1018 of 2017 requiring abortionists to report abortions performed on any girl under the age of 17 to law enforcement in case the girl turns out to be the victim of sexual assault; and Act 603 of 2017 requiring aborted fetal remains to be disposed of according to the Arkansas Final Disposition Rights Act of 2009.

Family Council President Jerry Cox released a statement saying, “This is at least the third time in less than four years that Judge Baker has blocked these good laws. She blocked them in 2017, but a three-judge panel from the Eighth Circuit unblocked them last August. Judge Baker has given the ACLU and the abortion industry in Arkansas nearly everything it has ever asked for, but the judges above her at the Eighth Circuit have been much more reasonable over the years. With that in mind, I believe it’s likely the Eighth Circuit eventually will overturn her bad ruling.”

Cox said the laws protect women’s health and prevent barbaric abortion practices. “Arkansas’ General Assembly strongly supported these laws in 2017. They protect women from dangerous abortion practices, and they prohibit barbaric abortion procedures that tear living unborn children apart. They also help stop companies from buying and selling organs and tissue harvested from aborted babies, and they protect girls who may be victims of sexual assault. These are good laws, and our courts ought to uphold them. I believe there’s a good possibility that the Eighth Circuit ultimately will do exactly that.”

###

Three-Judge Panel Affirms Lower Court Injunction Blocking Two Pro-Life Laws in Arkansas

On Tuesday a three-judge panel from the Eighth Circuit Court of Appeals affirmed a lower court’s injunction that blocked two pro-life laws the Arkansas Legislature passed in 2019.

The laws are:

  • Act 493 of 2019, prohibiting abortion after the eighteenth week of pregnancy, except in cases of rape, incest, or to save the life of the mother.
  • Act 619 of 2019, prohibiting abortion of an unborn baby solely because the child has Down Syndrome.

These laws passed with overwhelming support from state lawmakers in 2019, but abortionists filed a lawsuit to have them overturned.

U.S. District Judge Kristine Baker issued an injunction blocking the state from enforcing the laws. Today a three-judge panel from the Eighth Circuit affirmed her injunction based on U.S. Supreme Court precedent regarding abortion.

However, Circuit Judge Shepherd and Circuit Judge Erickson both wrote opinions calling for the U.S. Supreme Court to “reevaluate its jurisprudence” regarding abortion and asking the supreme court to revisit its bad Planned Parenthood v. Casey decision.

Judge Erickson even went so far as to note that, “In Western society, there is currently no more threatened population than children with Down syndrome.”

So where do things go from here?

It’s possible the Arkansas Attorney General’s Office will appeal today’s decision to the entire Eighth Circuit. That would give the full Eighth Circuit Court of Appeals an opportunity to weigh in on the laws.

It’s also possible that the ruling will help lawmakers craft better pro-life legislation that will bring us closer to our ultimate goal of ending abortion in Arkansas.