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| Arkansas passes Indiana-style 'religious freedom' bill criticised as anti-gay | Arkansas passes Indiana-style 'religious freedom' bill criticised as anti-gay |
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| The Arkansas state legislature has passed an Indiana-style religious freedom bill despite continued public outrage at legislators in the Hoosier State. Opponents of the law see the acts as a way to discriminate against the LGBT community under the guise of religious freedom. | The Arkansas state legislature has passed an Indiana-style religious freedom bill despite continued public outrage at legislators in the Hoosier State. Opponents of the law see the acts as a way to discriminate against the LGBT community under the guise of religious freedom. |
| Arkansas’ Religious Freedom Restoration Act, also known as HB1228 or RFRA, passed the state’s senate on Friday and was recommended for passage by the Arkansas house judiciary committee on Tuesday. | |
| Like Indiana’s law, it allows individuals, businesses, corporations and associations to file a claims under the law. This is a significant departure from federal legislation upon which the laws are based, first signed into law in 1993 by Bill Clinton. That law was enacted after federal laws limited some Native Americans’ ability to use peyote in religious ceremonies. | Like Indiana’s law, it allows individuals, businesses, corporations and associations to file a claims under the law. This is a significant departure from federal legislation upon which the laws are based, first signed into law in 1993 by Bill Clinton. That law was enacted after federal laws limited some Native Americans’ ability to use peyote in religious ceremonies. |
| “I can tell you what is similar to Indiana,” said American Civil Liberties Union of Arkansas executive director Rita Sklar. “[HB1228] can be used in litigation between two private parties, and it can be used to challenge likely burdens on religious exercise – meaning it doesn’t have to actually happen yet.” | “I can tell you what is similar to Indiana,” said American Civil Liberties Union of Arkansas executive director Rita Sklar. “[HB1228] can be used in litigation between two private parties, and it can be used to challenge likely burdens on religious exercise – meaning it doesn’t have to actually happen yet.” |
| Part of the outrage around such legalese is timing. A new wave of the laws have emerged since gay marriage has increasingly become the law of the land. Indiana was the 20th state to pass such legislation, and the seventh since 2003. | Part of the outrage around such legalese is timing. A new wave of the laws have emerged since gay marriage has increasingly become the law of the land. Indiana was the 20th state to pass such legislation, and the seventh since 2003. |
| Demonstrations have formed around government buildings and among local leaders. The mayor of Little Rock denounced the legislation on Tuesday. Outcry over the law has extended beyond protests, taking place in Indiana and on Monday on the steps of Arkansas’ state capitol, to calls by business leaders to oppose such legislation. | Demonstrations have formed around government buildings and among local leaders. The mayor of Little Rock denounced the legislation on Tuesday. Outcry over the law has extended beyond protests, taking place in Indiana and on Monday on the steps of Arkansas’ state capitol, to calls by business leaders to oppose such legislation. |
| Walmart, one of the largest employers in the country and which is based in Arkansas, issued a statement opposing such legislation (the company did not respond to the Guardian’s requests for comment). Echoing an editorial by Apple’s Tim Cook, the technology company Acxiom sent a letter to governor Asa Hutchinson urging him to veto the law. | Walmart, one of the largest employers in the country and which is based in Arkansas, issued a statement opposing such legislation (the company did not respond to the Guardian’s requests for comment). Echoing an editorial by Apple’s Tim Cook, the technology company Acxiom sent a letter to governor Asa Hutchinson urging him to veto the law. |
| “We are not alone in our belief that the law is a deliberate vehicle for enabling discrimination against the LGBT community,” Howe said in the letter. The law, “effectively reestablishes that shameful period before civil rights, when some used religious beliefs as a thinly veiled justification for discrimination against our fellow citizens.” | “We are not alone in our belief that the law is a deliberate vehicle for enabling discrimination against the LGBT community,” Howe said in the letter. The law, “effectively reestablishes that shameful period before civil rights, when some used religious beliefs as a thinly veiled justification for discrimination against our fellow citizens.” |
| And some Democratic senators expressed similar sentiments when the bill cleared that chamber. | And some Democratic senators expressed similar sentiments when the bill cleared that chamber. |
| “Having grown up in the south … I know religious freedom has meant that slavery was OK,” said Democratic senator Linda Chesterfield, of Little Rock, according to the western Arkansas Times Record. “It has meant that Jim Crow was OK. It has meant that it was OK to keep people from achieving that which they deserved.” | “Having grown up in the south … I know religious freedom has meant that slavery was OK,” said Democratic senator Linda Chesterfield, of Little Rock, according to the western Arkansas Times Record. “It has meant that Jim Crow was OK. It has meant that it was OK to keep people from achieving that which they deserved.” |
| Though Hutchinson said on Monday he would sign the legislation if it reaches his desk, he doesn’t need to for it to become law. In Arkansas, if a governor takes no action on a bill for five days it is passed into law. To stop the bill, Hutchinson would need to take action against it, rather than sit on the sidelines. | Though Hutchinson said on Monday he would sign the legislation if it reaches his desk, he doesn’t need to for it to become law. In Arkansas, if a governor takes no action on a bill for five days it is passed into law. To stop the bill, Hutchinson would need to take action against it, rather than sit on the sidelines. |
| Hutchinson did exactly that – nothing – when another Arkansas law viewed as anti-LGBT passed through the state legislature in February. The general aarkssembly passed a bill barring counties and municipalities from creating new protected classes, a provision to stop cities from passing LGBT protections, to promote what supporters called “legal uniformity.” | Hutchinson did exactly that – nothing – when another Arkansas law viewed as anti-LGBT passed through the state legislature in February. The general aarkssembly passed a bill barring counties and municipalities from creating new protected classes, a provision to stop cities from passing LGBT protections, to promote what supporters called “legal uniformity.” |
| The law, the Intrastate Commerce Improvement Act or SB202, passed after Fayetteville, Arkansas attempted to pass anti-discrimination protections for the LGBT community. The measure was later repealed through a referendum, but Republican state Senator Bart Hester of Cave Springs was compelled to write not only SB202 but also the HB1228. | The law, the Intrastate Commerce Improvement Act or SB202, passed after Fayetteville, Arkansas attempted to pass anti-discrimination protections for the LGBT community. The measure was later repealed through a referendum, but Republican state Senator Bart Hester of Cave Springs was compelled to write not only SB202 but also the HB1228. |