Seven Years Later, Still No End in Sight for Lawsuit Over Arkansas’ Ten Commandments Monument

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Above: Former Sen. Jason Rapert and then-Rep. Kim Hammer unveil Arkansas’ monument commemorating the Ten Commandments in this file photo from 2018. Atheist organizations filed a lawsuit to have the monument removed, but the case has remained in limbo for seven years.

Today marks the seventh anniversary of a lawsuit over Arkansas’ monument of the Ten Commandments on the state capitol lawn — and there does not seem to be any end in sight.

A decade ago, the Arkansas Legislature passed Act 1231 of 2015 by former Sen. Jason Rapert and then-Rep. Kim Hammer.

Act 1231 authorized placement of a privately funded monument of the Ten Commandments on the Arkansas Capitol Building grounds. Forty state legislators co-sponsored Act 1231. It received strong, bipartisan support, and former Arkansas Governor Asa Hutchinson signed Act 1231 into law.

Arkansas’ monument of the Ten Commandments — which is identical to one the U.S. Supreme Court ruled constitutional at the capitol building in Texas — was unveiled in 2018. But it did not take long for atheist groups like the Freedom From Religion Foundation and the Satanic Temple to file a federal lawsuit to have it removed.

The case began May 23, 2018, and it originally was set to go to trial in July of 2020. But U.S. District Judge Kristine Baker postponed the trial due to the COVID-19 pandemic. Since then, both sides in the lawsuit have asked Judge Baker to resolve the case, but the case remains in legal limbo.

As we have said many times, there shouldn’t be anything controversial about a monument honoring the significance of the Ten Commandments.

Historians have long recognized the Ten Commandments as one of the earliest examples of the rule of law in human history, and they have helped shape philosophy and laws in countries around the world.

That’s why the Ten Commandments traditionally has appeared in artwork at courthouses and similar locations. In fact, last month Arkansas passed a law to place posters of the Ten Commandments in public schools and public buildings across the state.

Arkansas’ monument of the Ten Commandments commemorates their historical and cultural legacy. With that in mind, we believe our federal courts eventually will resolve this lawsuit and uphold Arkansas’ Ten Commandments monument as constitutional.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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Liberal Groups Challenge State Ballot Initiative Laws

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Recently, liberal organizations filed multiple complaints in federal court challenging safeguards the Arkansas Legislature has enacted regarding the initiative process, including:

  • Act 274 of 2025 by Sen. Kim Hammer (R — Benton) and Rep. Kendon Underwood (R — Cave Springs) requiring people to read the ballot title – which is a summary of the measure – before signing a petition.
  • Act 240 of 2025 by Sen. Kim Hammer (R — Benton) and Rep. Kendon Underwood (R — Cave Springs) requiring canvassers to verify a person’s identity via photo ID before obtaining the person’s signature on a petition to help prevent people from fraudulently signing someone else’s name.
  • Act 218 of 2025 by Sen. Kim Hammer (R — Benton) and Rep. Kendon Underwood (R — Cave Springs) requiring canvassers to inform people that petition fraud is a crime before obtaining their signatures on a petition. 
  • Act 453 of 2025 by Rep. DeAnn Vaught (R — Horatio) and Sen. Kim Hammer (R — Benton) requiring petition canvassers for ballot measures to be Arkansas residents who actually live in the state.
  • Act 241 of 2025 by Sen. Kim Hammer (R — Benton) and Rep. Kendon Underwood (R — Cave Springs) requiring petition canvassers to file an affidavit with the Secretary of State verifying the canvasser complied with the Arkansas Constitution and all laws concerning canvassing, perjury, forgery, and fraud.
  • Act 602 of 2025 by Rep. Ryan Rose (R — Van Buren) and Sen. Mark Johnson (R — Little Rock) requiring ballot initiative titles to be written at or below an eighth grade reading level. A ballot title is supposed to accurately summarize a measure so voters can decide if they support or oppose it.
  • Act 273 of 2025 by Sen. Kim Hammer (R — Benton) and Rep. Kendon Underwood (R — Cave Springs) clarifying that the signatures a canvasser collects will not count if the Secretary of State finds the canvasser has violated Arkansas’ laws concerning canvassing, perjury, forgery, or fraud.

The federal lawsuit claims the new laws make it too difficult to place constitutional amendments and initiated acts on the ballot.

We have written repeatedly about how Arkansas’ ballot initiative process has become the opposite of what it was intended to be. The Arkansas Constitution lets canvassers circulate petitions to place measures on a general election ballot. Its original intent was to give citizens a way to function as a “legislative body.” But instead of giving everyday people a way to enact their own laws, special interests have hired people to circulate petitions to place misleading, deceptive, and poorly written measures on the ballot in Arkansas.

Earlier this year, lawmakers passed measures to tighten the ballot initiative process. Now this lawsuit challenges several of those good laws.

Good laws like these are designed to address petition fraud and help average voters understand the ballot measure. The groups suing the state are asking the federal court to strike down these safeguards that the legislature passed. We believe our federal courts ultimately will recognize that and uphold these good laws as constitutional.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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Arkansas Attorney General Rejects Ballot Title for Failing to Comply with New Readability Law

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Arkansas Attorney General Tim Griffin’s office rejected a proposed ballot measure on Monday for failing a new readability standard the state legislature recently implemented.

We have written repeatedly about how Arkansas’ ballot initiative process has become the opposite of what it was intended to be. Instead of giving everyday people a way to enact their own laws, special interests have hired people to circulate petitions to place misleading, deceptive, and poorly written measures on the ballot in Arkansas.

Act 602 of 2025 by Rep. Ryan Rose (R — Van Buren) and Sen. Mark Johnson (R — Little Rock) helps address this problem by requiring ballot initiative titles to be written at or below an eighth grade reading level.

The Arkansas Legislature passed Act 602 earlier this year, and the law took effect as soon as Gov. Sanders signed it on April 14.

A ballot title is supposed to accurately summarize a measure so voters can decide if they support or oppose it. Act 602 requires these summaries to be written at or below an eighth grade level, according to the Flesch-Kincaid Grade Level formula, which is a common readability standard the U.S. military and other institutions use.

Act 602 is similar to legislation enacted in other states to help make sure ballot titles are easy for voters to read and understand. It is a good law that will help address deceptive or misleading ballot initiatives in Arkansas.

On Monday, Arkansas Attorney General Tim Griffin rejected the ballot title of a proposed constitutional amendment, because the summary did not comply with Act 602.

The amendment would effectively prevent the legislature from regulating the initiative process. The measure’s ballot title — or summary — was several hundred words long, and it was written above a twelfth grade reading level.

It’s good to see Act 602 working to make sure ballot measure summaries are easy for voters to read and understand, and we appreciate Arkansas Attorney General Tim Griffin’s office properly enforcing this good law.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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