The newest amendment to House Bill 1615 has the potential to negatively impact Arkansas’ LGBTQIA+ community.
Republican House Representative Robin Lundstrum filed the amendment to The Conscience Protection Act (HB 1615) on Feb. 27. Originally, HB 1615 had amended Act 975 of 2015, known as the Arkansas Religious Freedom Restoration Act.
On April 3, 2023, the Conscience Protection Act was overwhelmingly approved by the Arkansas House with a 78-17 vote. The state’s senate subsequently passed the bill with a vote of 28-4. The bill Governor Sarah Huckabee Sanders signed strengthened religious liberty across the state. This bill followed the overturn of Governor Asa Hutchinson’s veto, passing HB 1570 (SAFE Act) to shield gender-confused minors from puberty blockers, gender-confirming surgeries and opposite-sex hormones.
The amendment to HB1615 has begun receiving backlash as the language used and additions made allow religious organizations and individuals to sue the state for license revocation or denial of accreditation.
The amendment specifically focuses on gender identity and marriage rights.
Xan Dawson, a UCA staff counselor with a particular interest in working with LGBTQIA+ individuals, said, “It [the amendment] expands the possibility of legally protected discrimination. The Medical Ethics and Diversity Act two years ago allowed this in healthcare, with the exception of emergencies, and if this bill passes, it could allow for more daily discrimination in a day to day life that couldn’t be prosecuted.”
In section 3 of the amendment, gender is defined, “(B) That ‘male’ or ‘man’ or ‘female’ or ‘woman’ refers exclusively to a person’s immutable biological sex as objectively determined by anatomy and genetics at the time of birth.”
The bill prohibits the state from discriminatory action against those who maintain separate dress codes, restrooms, housing and marriage services.
“The worst part is that it [the amendment] explicitly allows firing exclusively for being trans. It lays out how folks can refuse to marry trans folks or provide wedding services,” Dawson said.
Another major concern is the refusal of employment and necessary services by claiming religious rights.
“The limits on licensed professionals could allow many people to refuse service. I worry about how this will affect the employment of trans and nonbinary folks, who are already employed at lower rates than the general population,” Dawson said.
Dawson shares their concerns on conflicting laws as a licensed professional.
Dawson said, “My main concern is that part of this bill essentially says licensed folks can’t have their licenses revoked for taking actions consistent with sincerely held religious beliefs, excluding things covered by the Medical Ethics and Diversity Act. I’m concerned how this will interact with professional codes of conduct.”
The code of ethics for counselors prohibits discrimination of any kind by law, but with this amendment, it means that licensed professionals would “have to follow two conflicting laws… And this isn’t unique to counselors; a lot of licensed professional work this way,” Dawson said.
In response to the amendment, Fredricka Sharkey, director of media relations, said, “UCA continues to observe and monitor the work of the Arkansas General Assembly during this legislative session. We are paying close attention to the bills that could potentially impact universities and collegiate students as they are being considered, and upon adoption, we would examine the legislation in its entirety to determine future steps.”
The amendment has not been voted on or passed in the Arkansas House but was discussed at the judiciary committee hearing with relatively strong support March 11.
UCA students and fellow Arkansans can call their senators and representatives to make their concerns known. UCA also offers support for its queer community through the Lavender Library, the PRISM Alliance, UCA’s counseling center and more.