Several Bills Filed Addressing COVID-19 Vaccine Mandates in Arkansas

File photo from March 2021.

The Arkansas Legislature convened in extended session on Wednesday morning.

Among other measures, lawmakers have filed several pieces of legislation addressing COVID-19 vaccination mandates in Arkansas.

Here is a snapshot of some of the legislation that is currently in play:

  • S.B. 719 by Sen. Bob Ballinger and Rep. Joshua Bryant prohibits employers from requiring employees to disclose their vaccination status. Read The Bill Here.
  • S.B. 730 by Sen. Trent Garner authorizes unemployment benefits for any employee terminated due to a refusal to be vaccinated against COVID-19. Read The Bill Here.
  • S.B. 731 by Sen. Bob Ballinger prohibits employers from requiring employees to disclose their vaccination status. Read The Bill Here.
  • S.B. 732 by Sen. Blake Johnson prohibits coercing another person into receiving a COVID-19 vaccine if the person has a religious, philosophical, or medical objection to the vaccine. Read The Bill Here.
  • S.B. 736 by Sen. Bob Ballinger and Rep. Joshua Bryant requires employers to provide certain exemptions for employees who decline to utilize a COVID-19 vaccine. Read The Bill Here.
  • S.B. 737 by Sen. Alan Clark prohibits private employers and places of public accommodation from mandating COVID-19 vaccines or discriminating against those who decline to utilize a COVID-19 vaccine. Read The Bill Here.
  • S.B. 738 by Sen. Alan Clark prohibits private employers and places of public accommodation from mandating COVID-19 vaccines or discriminating against those who decline to utilize a COVID-19 vaccine. Read The Bill Here.
  • S.B. 739 by Sen. Kim Hammer and Rep. Joshua Bryant requires employers to provide certain exemptions for employees who decline to utilize a COVID-19 vaccine. Read The Bill Here.
  • S.B. 740 by Sen. Alan Clark prohibits private employers and places of public accommodation from mandating COVID-19 vaccines or discriminating against those who decline to utilize a COVID-19 vaccine. Read The Bill Here.
  • H.B. 1972 by Rep. Joshua Bryant and Sen. Bob Ballinger requires employers to provide certain exemptions for employees who decline to utilize a COVID-19 vaccine. Read The Bill Here.
  • H.B. 1973 by Rep. Joshua Bryant and Sen. Bob Ballinger requires employers to provide certain exemptions for employees who decline to utilize a COVID-19 vaccine. Read The Bill Here.

On Wednesday afternoon the Senate Public Health Committee voted to “batch” S.B. 719, S.B. 731, S.B. 732, S.B. 736, S.B. 737, S.B. 738, S.B. 739, and S.B. 740 — meaning that they will go directly to the Arkansas Senate for consideration on Thursday.

Family Council Celebrates Enactment of Sixteen Good Laws

FOR IMMEDIATE RELEASE
Wednesday, July 28, 2021

Little Rock, Ark. — On Wednesday Family Council celebrated the enactment of sixteen new laws that the Arkansas Legislature passed earlier this year.

Family Council President Jerry Cox released a statement saying, “Today, sixteen laws that Family Council supported will take effect. These laws do things like save unborn children from abortion, protect healthcare workers’ rights of conscience, and uphold fairness in women’s sports. These are good laws that will help make Arkansas a better state to live, work, and raise a family.”

Cox noted that Arkansas passed a record number of pro-life laws this year. “The Arkansas Legislature passed a total of fourteen pro-life bills and resolutions this year. As far as we can tell, that is the most pro-life legislation passed in any session of the General Assembly in Arkansas history. Those laws will save women and unborn children from abortion for years to come.”

Family Council provided a list of legislation taking effect Wednesday, which included:

  • Act 498 requiring an abortionist to show an ultrasound image of the unborn baby to the pregnant woman before an abortion.
  • Act 358 helping prevent abortion providers from receiving Medicaid reimbursements.
  • Act 562 updating Arkansas’ restrictions on abortion-inducing drugs.
  • Act 949 requiring any facility that performs abortions to be licensed by the state.
  • Act 787 requiring abortionists to file documentation when the woman is a victim of rape or incest.
  • Act 561 prohibiting government entities from working with abortion providers.
  • Act 820 prohibiting public schools from engaging in transactions with abortionists.
  • Act 740 requiring abortion facilities to have transfer agreements with hospitals.
  • Act 560 outlining the informed-consent process for chemical abortion in Arkansas.
  • Act 392 affirming the right of municipalities in Arkansas to declare themselves pro-life.
  • Act 609 prohibiting fraud and abuse in fertility treatments.
  • Act 461 preventing male athletes from competing against girls in women’s athletics at school.
  • Act 623 making it easier for a student to withdraw from a public school to home school.
  • Act 342 closing a loophole in Arkansas’ laws regarding medical marijuana advertisements.
  • Act 462 protecting healthcare workers’ rights of conscience.
  • Act 902 establishing a Day of Prayer for Arkansas Students on the last Wednesday of every September.

Cox noted that some legislation Family Council supported had already taken effect. “Legislation protecting patients and nursing home residents from being left alone and denied visitors is already in effect. So is a new law protecting churches and religious organizations from being singled out and shut down during an emergency. These laws have been in full effect since last spring.”

Cox also noted that two laws Family Council supported are currently tied up in litigation. “Arkansas’ law prohibiting abortion except to save the life of the mother is on hold while a lawsuit over it progresses through our federal court system. So is Arkansas’ law that protects children from sex-reassignment procedures, puberty blockers, and cross-sex hormones. These good laws would save lives and protect children, if upheld.”

Cox praised Arkansas’ elected officials for supporting good legislation. “Arkansans should be proud of their elected officials. The General Assembly passed and Governor Hutchinson signed some of the best laws in the country this year. Arkansas has become a true leader in America when it comes to passing good, conservative legislation. These new laws are proof of that.”

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Attorneys Continue to Spar Over Arkansas Law Prohibiting Abortion

On Monday Arkansas Attorney General Leslie Rutledge’s office filed a brief in federal court arguing that U.S. District judge Kristine Baker should not block a new state law prohibiting abortion.

Act 309 of 2021 generally prohibits abortion in Arkansas except in cases when the mother’s life is in jeopardy. The law passed with overwhelming support from the state legislature earlier this year, and it is slated to take effect July 28.

Last month the ACLU and abortionists filed a lawsuit against the state over Act 309.

On June 14 the ACLU asked U.S. District Judge Kristine Baker to issue a temporary restraining order and preliminary injunction that would block the state from enforcing Act 309.

On Monday the Arkansas Attorney General’s office responded to the ACLU’s request.

The A.G.’s team argues that pro-abortion rulings like Planned Parenthood v. Casey need to be reevaluated and overturned — and that the U.S. Supreme Court is liable to do that in its upcoming Dobbs v. Jackson Women’s Health Organization case out of Mississippi.

The A.G.’s brief also argues that past court decisions like Roe v. Wade and Planned Parenthood v. Casey “were wrongly decided” and that “there is no doubt that the fetus is a human life — not mere tissue, not ‘potential life,’ and not ‘the product of conception.'”

As we have written before, U.S. District Judge Kristine Baker has consistently ruled in favor of the ACLU and Planned Parenthood. In light of that fact, many expect Attorney General Rutledge’s arguments to fall on deaf ears in Judge Baker’s court.

However, the judges above her at the Eighth Circuit Court of Appeals have overturned some of her bad rulings in the past.

While it seems likely that Judge Baker will block Arkansas’ pro-life law in the short run, the Eighth Circuit may not agree with her decision on appeal.

In the long run, this lawsuit will give federal courts an opportunity to reverse decades of bad case law on abortion.

That means there is potential for significant, pro-life victories down the road.