Washington County Republican Committee Passes Resolution Against Hate Crimes Legislation

On Wednesday the Washington County Republican Committee passed a resolution calling on the Arkansas Legislature to reject any hate crimes legislation in Arkansas.

The resolution reads,

A Resolution Opposed to Hate Crime Legislation in Arkansas

WHEREAS, the Republican Party was founded in 1854 by a group of people who were united in their desire to abolish slavery; and,

WHEREAS, the Republican Party abolished slavery in 1865, passed the 14th Amendment to the United States constitution in 1866, passed the 19th Amendment in 1919 guaranteeing women the right to vote, granted Native Americans citizenship in 1924, and integrated the Little Rock School District and passed the Civil Rights Act in 1957; and,

WHEREAS, the Republican Party has been the only party fighting “hate crimes” throughout the history of our county; and,

WHEREAS, in addition to these achievements, the Republican Party has also fought for the adherence to impartial justice and equity, all of which is shared by the Washington County Republican Committee; and,

WHEREAS, our Nation currently is seeing partiality, intemperate behavior, and violence stemming from situations unwittingly or deliberately presented as unjust;

Whereas against such a background, legislation is to be considered by the Arkansas Legislature to enact a “hate crime” bill;

Whereas such a bill proposes to increase criminal penalties due to perceived intents of perpetrators, intents stemming from characteristics of victims which can be based upon what is increasingly being known as identity politics;

Whereas Arkansas and Federal laws already contain provisions for aggravating and mitigating circumstances based upon empirical evaluation of criminal activities;

Whereas those provisions include divisions between misdemeanors and felonies and recognition of varied degrees of offense;

Whereas prosecutors and the courts are permitted further discretions in application of such laws;

Whereas such divisions and discretions against the backdrop of dispassionate legislation allow for careful application of justice designed to be separate from emotions and transient thoughts;

Whereas hate crime legislation is largely symbolic and provides no deterrent to criminal activity;

Whereas provisions to minutely examine intents of criminal defendants can ultimately expand into the criminalization of beliefs, or so-called “thought crimes;”

Whereas such expansion can also have a chilling effect on legitimate First Amendment freedoms of speech, assembly, and religious practice and belief;

Whereas such expansion can also open the door to criminalization of other legitimate social behaviors considered by some to be politically incorrect, behaviors which in some cases are already being sanctioned by job and other income losses and by social harassment;

Now, therefore, given our concerns listed above, be it resolved by the Washington County Republican Committee that we request the Arkansas Legislature to affirm its adherence to dispassionate justice by rejecting any hate crime legislation for our State.

On Monday, Sen. Jim Hendren (R – Gravette) and Rep. Fred Love (D – Little Rock) filed S.B. 3 to enact hate crimes legislation in Arkansas.

Family Council has opposed hate crimes legislation like S.B. 3 for more than 25 years. You can read more about why we oppose it here.

Unpacking S.B. 6, The Arkansas Unborn Child Protection Act

Synopsis: S.B. 6, the Arkansas Unborn Child Protection Act, by Sen. Jason Rapert and Rep. Mary Bentley would prohibit abortion in Arkansas except in medical emergencies when the mother’s life is at risk. The bill is virtually identical to Act 180 of 2019, the “trigger law” that the Arkansas Legislature passed to make abortion illegal if the U.S. Supreme Court overturns its 1973 Roe v. Wade decision. Below are a few points to consider.

Overview of S.B. 6

  • S.B. 6 contains numerous legislative findings outlining why the U.S. Supreme Court should overturn its Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey abortion decisions.
  • The bill prohibits abortion except in cases of medical emergency when the woman’s life is at risk.
  • Performing or attempting to perform an abortion would be an unclassified felony.
    • The penalty would be a fine up to $100,000 and/or imprisonment up to 10 years.
  • S.B. 6 would not allow a woman to be prosecuted for the death of her unborn child.
  • S.B. 6 contains exceptions for contraceptives.
  • S.B. 6 creates an affirmative defense for a physician who accidentally or unintentionally causes injury or death to an unborn child.
  • S.B. 6 does not explicitly affect or repeal any other state law concerning abortion.

Additional Points to Consider

  • S.B. 6 is similar to Arkansas’ abortion statutes prior to Roe v. Wade.
  • S.B. 6 is virtually identical to Act 180 of 2019 prohibiting abortion in Arkansas if the U.S. Supreme Court overturns Roe v. Wade.
  • S.B. 6 would not repeal Act 180 of 2019.
  • S.B. 6 would not repeal any other law regulating, restricting, or prohibiting abortion in Arkansas.
  • S.B. 6’s exception allowing abortion when the woman’s life is at risk tracks with Amendment 68 to the Arkansas Constitution, which says it is the policy of the State of Arkansas to protect the lives of unborn children and contains exceptions for abortions performed to save the life of the woman.
  • Under S.B. 6, a woman could not be prosecuted for having an abortion. An abortionist could be prosecuted for performing an abortion.
    • This means the abortionist would face prosecution — not the woman.

Read S.B. 6, The Arkansas Unborn Child Protection Act, here.