2023 Legislative Session
LGBTQ Rights
Sponsored by Rep. Mary Bentley (R-73) and Senator Dan Sullivan (R-20), HB1156 is an anti-trans bathroom bill that would require students in public schools to use restrooms and locker rooms according to their sex assigned at birth.
ACLU of Arkansas opposes this bill.
Sponsored by Senator Gary Stubblefield (R-26) and Rep. Mary Bentley (R-54), SB199 provides that a healthcare professional who performs a gender transition procedure on a minor is liable if the minor is physically or psychologically injured; the injured minor may bring a civil action.
ACLU of Arkansas opposes this bill.
Sponsored by Senator John Payton (R-22) and Rep. Cindy Crawford, (R-51), SB270 expands the activities that constitute the offense of sexual indecency with a child. Establishes that if an adult trans person enters or remains in a public restroom or changing facility knowing a minor is present, they are guilty of sexual indecency with a child -- a Class C misdemeanor.
ACLU of Arkansas opposes this bill.
Filed by Rep. Wayne Long (R-39), HB1468 would prohibit faculty members, teachers, and employees of public schools and state-supported institutions of higher education from being required to use a person's preferred pronouns.
ACLU of Arkansas opposes this bill.
The ACLU is mapping attacks by state legislatures on LGBTQ rights across the U.S. Read more about what’s happening nationwide here.
Reproductive Freedom
Filed by sponsors Richard Womack (R-90) and Matt McKee (R-6), HB1174 is intended to allow prosecution of groups helping pregnant people figure out their options and access abortion if that is their choice. As written, however, the bill would revise Arkansas criminal code to allow the prosecution of people who have abortions. It also may affect access to emergency contraception like Plan B.
ACLU of Arkansas opposes this bill.
HB1834, sponsored by Rep. Wayne Long (R-39) would create a civil claim for medical abortions, allowing the father of an unborn child, a prosecutor, or the attorney general to sue a doctor who violates physicians who violate Arkansas’ abortion laws.
ACLU of Arkansas opposes this bill.
HB1686, filed by Rep. Wayne Long (R-39) seeks to (again) ban medication abortion. The bill would make it illegal to use, prescribe, administer, procure or sell any instrument or measure with the purpose of terminating a pregnancy.
ACLU of Arkansas opposes this bill.
The First Amendment
Filed by Rep. Robin Lundstrum (R-18) and Senator Gary Stubblefield (R-26), HB1615 would significantly expand the ability of people, religious organizations, and businesses to demand special exemptions from generally applicable laws, and would make it much harder for state and local governments to apply its laws in an even-handed manner. Government employees could harass transgender people seeking services and refuse to call them by their names and could disrespect marriages of same-sex couples, and they could not be disciplined in any way. School counselors could refuse care to LGBTQ youth in crisis, or insist on a right to proselytize and impose their own religious beliefs on these young people. Government contractors or grantees, including those who operate homeless shelters or provide other critical services, could demand a contract to provide services and then re-write the terms of the grant or contract based on their own religious beliefs about sex and marriage.
ACLU of Arkansas opposes this bill.
Framed as a necessary step to protect minors from the harmful effects of social media, SB396, filed by Senator Tyler Dees (R-35) and Rep. Jon Eubanks (R-46), would require social media platforms such as Facebook, Instagram, TikTok, and YouTube to contract with a third-party system to verify that users are 18 or have consent from parents or guardians to use the sites. Because it requires collecting and maintaining private information (from both minors and adults), it can defeat online anonymity. The collection of this data has obvious privacy concerns. Repositories of personal information are an attractive nuisance, inviting identity thieves, hackers, advertisers, and the government to come for it. The companies who collect and maintain this data are typically third-party vendors, which also increases the risk of leaks.
ACLU of Arkansas opposes this bill.
SB62, filed by Senator Ricky Hill (R-11) and Rep. Jeff Wardlaw (R-94) is an extension of Act 710 of 2017, requiring private business contracting with the state to sign a pledge certifying they will not boycott Israel. This bill would require another pledge that private businesses won't boycott energy, fossil fuel, firearms, or munitions manufacturers. Proponents of these bills will keep working to prohibit speech they don’t agree with or like until no such speech is allowed.
ACLU of Arkansas opposes this bill.
Filed by Sen. Dan Sullivan (R-20), SB81 would expand the definition of obscene materials and would subject every employee of a school or library to criminal prosecution under obscenity laws for any books, ebooks, and educational resources in their library. SB81 would make those public employees subject to a Class D Felony under obscenity law. The materials included under the measure would feature “nudity, sexual intercourse, deviate sexual activity, sexual contact, sexual excitement, or sadomasochistic abuse” following guidelines as held by “the average adult applying contemporary state standards.”
ACLU of Arkansas opposes this bill.
HB1610, filed by Rep. Mary Bentley (R-54) and Senator John Payton (R-22) would gut Arkansas’ open meetings law by defining what is considered a “meeting,” allowing one-third of a governing body to meet secretly about public business without public notice.
ACLU of Arkansas opposes this bill.
HB1819, filed by Rep. Cameron Cooper (R-57) and Senator Ben Gilmore (R-1) expands the disorderly conduct statute to prohibit all kinds of speech and expression protected by the First Amendment. Arkansas’ disorderly conduct statute is already incredibly broad, and this proposal would allow police to shut down speech or expression that makes some people uncomfortable.
ACLU of Arkansas opposes this bill.
Framed as a necessary step to protect minors from the harmful effects of social media, SB396, sponsored by Senator Tyler Dees (R-35) and Rep. Jon Eubanks (R-46) would require social media platforms such as Facebook, Instagram, TikTok, and YouTube to contract with a third-party system to verify that users are 18 or have consent from parents or guardians to use the sites. The collection of this data has obvious risks to our privacy. Repositories of personal information are an attractive nuisance, inviting identity thieves, hackers, advertisers, and the government to come for it. This data is typically collected and maintained by third-party vendors, which also increases the risk of leaks.
ACLU of Arkansas opposes this bill.
Criminal Legal Reform
Also called the Protect Arkansas Act, SB495, sponsored by Senator Ben Gilmore (R-21) and Rep. Jimmy Gazaway (R-31) is a 132-page criminal injustice bill that proposing $470M for 3,000 new prison beds that will require an additional $31M annually in operating costs. If more incarceration meant lower crime rates, Arkansas would have one of the lowest crime rates in the country. Our prisons are notorious for their overcrowding, understaffing and lack of resources, creating unconstitutional conditions. SB495 would only make things worse by funneling more money into the broken system instead of treating the root causes of mass incarceration.
ACLU of Arkansas opposes this bill.
Sponsored by Rep. Carol Dalby (R-100) and Sen. Gary Stubblefield (R-26), HB1245 would require the House and Senate Judiciary Committees to study the assessment and collection of court fines and fees, court funding, and legislation that may be necessary to address issues identified in the study. The bill recognizes the fact that people are often assessed substantial fines and fees that they struggle to pay or are unable to pay. This could be a significant step toward economic justice in our court system.
ACLU of Arkansas supports this bill.
Affordable Housing
Filed by Rep. Kendon Underwood (R-16) and Senator Ben Gilmore (R-1), HB1196 would establish a work requirement for “able-bodied” Arkansans to qualify for and receive public housing benefits, creating additional barriers for those already facing tough systemic challenges. With so many Arkansans already experiencing homelessness or on the verge of losing their housing, this is the last thing they need.
ACLU of Arkansas opposes this bill.
Racial Justice
Filed by Senator Dan Sullivan (R-20) and Rep. Justin Gonzales (R-29), SB71 repeals various programs aimed at the recruitment and retention of minority candidates in public schools, state-supported institutions of higher education, and state agencies, boards, and commissions.
ACLU of Arkansas opposes this bill.
HB1738, sponsored by Rep. Mindy McAlindon (R-10) and Senator Gary Stubblefield (R-26) is another attack on public school education concerning our history of race and racism. The bill frames discussions of discrimination or privilege as "controversial viewpoints," and allows parents to remove their child from any class period where there may be age-appropriate teaching or discussion of these important truths.
ACLU of Arkansas opposes this bill.
Education
Filed by Senator Breanne Davis (R-25) and Rep. Keith Brooks (R-78), SB294 is a 144-page education omnibus bill known as the LEARNS Act. It is a multi-topic education plan that seeks to restructure public education in Arkansas through private school vouchers, stagnant teacher pay, increased law enforcement, and an assortment of standardized assessments. LEARNS seeks to shift resources and control of struggling public schools to various outside groups with little to no accountability. The bill would prohibit what conservatives have termed "indoctrination," meaning the teaching of "critical race theory" and any teaching regarding sexual reproduction, sexual orientation, and gender identity prior to 5th grade. LEARNS places new requirements on school safety, children’s mental health, community service, career-readiness pathways, and sexual-abuse-prevention curriculum for public schools, while not providing additional funding for those requirements. The proposed bill not only eliminates protections for teachers under The Fair Dismissal Act of 1983 but also prohibits school districts from providing teachers with any further protections that are not already provided under Arkansas law. The bill does propose additional student resources such as literacy coaches and maternity leave, but funding for these programs is not fully provided by the state and demands for the districts to contribute.
ACLU of Arkansas opposes this bill.
Constitutional Amendments
HJR1009, filed by Rep. Robin Lundstrum (R-18) and Senator Gary Stubblefield (R-26) is a proposed constitutional amendment to establish the partisan election of judges. Arkansans already rejected this practice when we passed a constitutional amendment to provide for the nonpartisan election of our judges under Amendment 80 in 2000. We’ve seen how partisan politics have affected the work of our legislature, and we can’t let that happen to our judicial system. Politics do not belong in our judicial branch.