U.S. Senate Needs to Clarify that Sports Bill Won’t Preempt Good Law in Arkansas

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The following is a press release from our friends at Alliance Defending Freedom.

Thursday, Aug 6, 2026

The following quote may be attributed to Alliance Defending Freedom CEO, President, and Chief Counsel Kristen Waggoner regarding the Protect College Sports Act (S. 4668), a bill currently in the U.S. Senate that could be voted on this week:

“For nearly a decade, Alliance Defending Freedom has worked with courageous female athletes, state and national lawmakers, and allies across the country to protect fairness, privacy, and safety in women’s sports. That work led to President Donald Trump’s Executive Order last January reaffirming biological truth and recognizing that men don’t belong in women’s sports. And it culminated with the U.S. Supreme Court’s recent decisions in Little v. Hecox and State of West Virginia v. B.P.J., upholding Idaho’s and West Virginia’s laws ensuring men cannot compete in women’s sports. The Supreme Court affirmed that states can protect women’s sports—a massive win for the 27 states that have passed laws doing just that.

“The Protect College Sports Act, which addresses issues such as Name, Image, and Likeness agreements and student athlete transfers, creates an unnecessary risk of undermining the Supreme Court win, President Trump’s Executive Order, and many other hard-earned victories for women and girls. The bill sets general eligibility rules for college athletes and then preempts states from maintaining their own eligibility rules, which could include laws saying men are ineligible for women’s teams. For weeks, ADF has warned Congress that activists could misuse the bill’s existing preemption language to argue that states’ women’s sports laws can no longer be enforced.

“Every senator who cares about women’s equal opportunity should act immediately to clarify that this bill does not preempt states’ laws protecting women’s sports. There is a simple fix available: Ensure the preemption of state laws is narrow. We are living in a moment where lawyers can’t even define what a woman is. There’s no room for ambiguity. Let’s not undo the hard-fought gains or pass permanent legislation that could jeopardize these victories. We are thankful for President Trump’s legacy of protecting women’s sports to date and we don’t want to see it undone.

“It’s time to keep girls on the field, not sideline them again.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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Kansas Legislature Passes Privacy Measure Similar to Arkansas Law

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On Wednesday, the Kansas Legislature passed a measure protecting physical privacy and safety in showers, restrooms, locker rooms, and changing areas in public buildings. The legislation requires these facilities to be designated specifically for male or female use.

Kansas’ measure is similar to Arkansas Act 955 of 2025 by Sen. Blake Johnson (R — Corning) and Rep. Mary Bentley (R — Perryville).

Over the past several years, lawmakers in Arkansas have worked diligently to strengthen state laws protecting physical privacy and safety. Act 955 is the latest step in that process. Now Kansas joins a growing list of states that have considered similar measures.

Laws like these are necessary to protect students from federal overreach that seems to come and go with each election cycle.

In 2016 the Obama Administration issued federal “guidelines” directing every public school in America — including schools in Arkansas — to let biological males use girls’ locker rooms, showers, bathrooms, and similar facilities at school. The Trump Administration rescinded those federal policies in 2018, which gave schools a brief reprieve, but the Biden Administration moved to reinstate the policies shortly after the 2020 election.

Since his inauguration last year, President Trump has signed a series of executive orders addressing issues like this one, but a future president could repeal those executive orders.

State laws can help clarify how public schools protect student privacy in the face of changing federal policy. They also prevent school officials from jeopardizing student privacy.

It’s good to see policymakers in Kansas taking steps to protect physical privacy and safety in their state.

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

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Unpacking Judge Brooks’ Ruling Over Ten Commandments in Public Schools

Legislation,

On Monday, U.S. District Judge Timothy Brooks partially blocked a state law placing copies of the Ten Commandments in Arkansas’ public schools.

Act 573 of 2025 by Sen. Jim Dotson (R — Bentonville) and Rep. Alyssa Brown (R — Heber Springs) requires privately funded copies of the Ten Commandments to be displayed in public schools and other public buildings in Arkansas.

The measure received strong support in the Arkansas Legislature earlier this year, and Act 573 was slated to take full effect on August 5.

However, lawyers from the ACLU and a group of atheist organizations filed a federal lawsuit against four public school districts to block Act 573.

Below are a few key points from Judge Brooks’ ruling that partially blocked Act 573.

The Ruling Is a Preliminary Injunction

Judge Brooks’ decision is a preliminary injunction. It blocks four school districts in Arkansas from complying with Act 573 while the lawsuit plays out in court.

This means that Act 573 has not been ruled unconstitutional. The law has been partially blocked for the time being while the attorneys argue the case in federal court. It could be months before a final decision is reached in the case, and that decision could be appealed to a higher court.

The Ruling Only Affects Four School Districts

Judge Brooks blocked the following four school districts from complying with the law:

  • The Fayetteville School District
  • The Springdale School District
  • The Bentonville School District
  • The Siloam Springs School District

Act 573 still applies to other school districts in Arkansas that are not part of the lawsuit.

The Ruling Does Not Affect Public Buildings Other Than Public Schools

Act 573 is part of a larger law allowing the national motto — “In God We Trust” — to be displayed in government buildings along with the U.S. flag and the Arkansas flag.

Besides public school classrooms, Act 573 says the Ten Commandments can be placed in state colleges and universities and in any “public building or facility in this state that is maintained or operated by taxpayer funds.”

That means posters of the Ten Commandments could be placed in city buildings, county courthouses, public libraries, and other government buildings or offices across the state.

The decision to partially block Act 573 has no bearing on these other public buildings.

The Ruling Does Not Affect Posters of the National Motto

In 2017 Arkansas passed the National Motto Display Act allowing the national motto — “In God We Trust” — to be displayed in Arkansas’ classrooms along with the U.S. flag and the Arkansas flag. Act 573 amended the National Motto Display Act to add the Ten Commandments to the list of historical items displayed in school.

Judge Brooks’ ruling does not block schools from displaying the national motto as state law allows.

We Expect Higher Courts Will Uphold Act 573

During her testimony in support of Act 573 last April, Rep. Alyssa Brown noted that the U.S. Supreme Court now uses a “longstanding history and tradition test” to decide if it is constitutional to display something like a copy of the Ten Commandments. Rep. Brown said, “The Ten Commandments without a doubt will pass this longstanding history and tradition test.”

Over the years, the U.S. Supreme Court has ruled that states are free to honor and recognize documents or symbols that are important to our nation’s history — like the Ten Commandments or the national motto.

In the court proceedings over Act 573, Attorney General Tim Griffin’s office pointed out:

As the [U.S.] Supreme Court has repeatedly recognized, the Ten Commandments have enormous historical significance “in America’s heritage.” . . . It is therefore beyond serious dispute—and settled by the Supreme Court—that the Ten Commandments have historical significance and are “one of the foundations of our legal system.”

The Ten Commandments are one of the earliest examples of the rule of law, and they have had a profound impact in shaping our society and our government.

We believe our federal courts ultimately will agree and uphold Act 573 as constitutional.

Help Promote the Ten Commandments in Arkansas

Visit the website RestoreAmericanschools.com to order Ten Commandments posters that you can donate to public buildings in your community in Arkansas.

You can also read Act 573 here.

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

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