Arkansas Senate Bill 202 (2015)
| Arkansas Senate Bill 202 - Act 137 | |
 | |
| Legislature: | Arkansas State Legislature |
| Text: | SB 202 |
| Sponsor(s): | Sen. Bart Hester (R-1) |
| Legislative history | |
| Introduced: | February 2, 2015 |
| State house: | February 13, 2015 |
| State senate: | February 9, 2015 |
| Governor: | Gov. Asa Hutchinson (R) |
| Legal environment | |
| State law: | Local laws |
| Code: | State code |
| Section: | Title 14, Chapter 1 |
Arkansas Senate Bill 202, known as Act 137 after it was enacted, was introduced by Sen. Bart Hester (R-1) on February 2, 2015. It was approved in the Arkansas State Senate on February 9, 2015, by a vote of 24-8. In the Arkansas House of Representatives, the bill was approved on February 13, 2015. Gov. Asa Hutchinson (R) allowed the law to go into effect without signing it.[1]
Senate Bill 202 prohibited local laws creating a protected class or prohibiting discrimination based on characteristics not recognized by state law. The key issue at stake was the validity of local ordinances protecting lesbian, gay and transgender individuals from discrimination.
As of December 2015, it was known that the following local government entities had enacted laws protecting against discrimination based on sexual orientation and gender identity:
The sponsor of SB 202, as well as other supporters, said the bill made any previously approved LGBT anti-discrimination ordinance void. But the legal counsel for several cities with such ordinances argued that the bill had no effect on local LGBT-related ordinances. Little Rock City Attorney Tom Carpenter said, “They’re not in conflict. There’s nothing mentioned in the city’s ordinance that’s not already protected under state law.” Carpenter claimed that, although the state's civil rights law does not mention sexual orientation or gender identity, the state does have some anti-bullying laws, homeless shelter laws and other laws that explicitly recognize and protect members of the LGBT community. Other city attorneys agreed with Tom Carpenter's interpretation.[2]
Sen. Hester, the sponsor of SB 202, disagreed, saying, “I think their ordinances are null and void. I think that’s very clear.”[2]
Provisions
Arkansas Senate Bill 202, which is now Act 137, dictates that any "county, municipality, or other political subdivision of the state shall not adopt or enforce an ordinance, resolution, rule, or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law."[1]
This law was designed to prevent any local government entity from providing protection from discrimination based on characteristics not already protected by state or federal law. In preceding years, the issue came up with regard to city and county ordinances to protect gay, lesbian and transgender individuals from discrimination.
Background
In 2014 and 2015, Fayetteville, Arkansas, voters decided local measures concerning proposed protections against discrimination based on sexual orientation or gender identity. In 2014, voters rejected an anti-discrimination ordinance through a veto referendum. In 2015, they approved an amended ordinance. The issue of local anti-discrimination laws also attracted national attention in 2015 due to the referendum on the anti-discrimination ordinance known as HERO in Houston, Texas, which Houston voters rejected.
Related local measures
City of Fayetteville "Civil Rights Administration" Ordinance Veto Referendum (December 2014)
City of Fayetteville LGBT "Uniform Civil Rights Protection Ordinance," Ordinance 5781 (September 2015)
See also
Footnotes
