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Legislature Passes Municipal Ordinance Ban, Enhances Religious Protections

Arkansas Legislature House Floor
Chris Hickey
/
KUAR

The Arkansas General Assembly passed a bill Friday that would prohibit municipal and county ordinances requiring businesses to serve Lesbian, Gay, Bisexual, and Transgendered people.  The House also approved a bill to apply strict scrutiny standards to all religious beliefs, allowing pastors to abstain from marrying LGBT individuals if same-sex marriage is legalized in Arkansas.

Republican Rep. Bob Ballinger from Northwest Arkansas sponsored both bills in the House. Speaking to the House he said SB202, an Intrastate Commerce Improvement Act that restricts municipalities and counties from enacting civil rights ordinances, would provide uniformity. He said civil rights issues should be resolved at the state level.

“And if history proves that we’re on the wrong side of it, well, let’s have that debate here. If that is something that we are so passionate about and we care so much about it, file the bill and we’ll talk about it. But if not, let’s grant to our people back home some uniformity, grant our businesses some uniformity,” said Ballinger.

The bill passed 58-to-21 with seven members voting present.  It was filed as a response to Fayetteville’s non-discrimination ordinance that was overturned by voters in December. On Monday, Eureka Springs City Council passed a similar ordinance. Ballinger said his bill will prevent local controversies and create uniform standards for businesses statewide.

“The Fayetteville Chamber of Commerce is not a right-wing organization, The National Federation of Business is not a right-wing organization. They support this because it’s good for business, it’s good for the citizens of Arkansas,” he said.

Democratic Rep. Clarke Tucker of Little Rock spoke against the bill on the House floor. He said the bill would be bad for business and would put Arkansas out of step with the country. He referenced the legacy of his grandfathers who fought for school integration as members of area school boards in the late 1950's following the 1957 desegregation crisis in Little Rock.

“Most importantly, I would ask you to look to your heart, to look to our common decency and fundamental humanity and ask yourself whether we as a state want to be a state that takes a proactive act of discrimination,” said Clarke.

Governor Asa Hutchinson issued a statement following the vote that he would allow the SB202 to become law without his signature because he supports local control. A similar law was passed in Tennessee in 2011 and has been upheld by a state appeals court.

Ballinger’s Conscience Protection Act, which would enhance levels of judicial scrutiny applied to religious beliefs, passed in the House 72-to-20 and must be passed by the Senate. The bill would allow pastors and businesses to refuse to marry or serve same-sex couples on the basis of faith.

Sarah Whites-Koditschek is a former News Anchor/ Reporter for KUAR News and Arkansas Public Media.