Setting the Record Straight on Religious Freedom Bill HB1228

Yesterday, retail giant Walmart issued a statement against HB1228, the Conscience Protection Act by Rep. Ballinger and Sen. Hester. A Walmart spokesman said the legislation runs counter to Walmart’s “core basic belief of respect for the individual” and that the legislation “sends the wrong message about Arkansas.”

This morning the bill narrowly failed in the Senate Judiciary Committee, but it can be brought back up for another vote. It is essential that your senator hears from you. Your senator must know you support this bill. Please call your Arkansas Senator at (501) 682-2902, and ask him or her to support House Bill 1228, the Conscience Protection Act by Rep. Ballinger and Sen. Hester.

You can also call Governor Hutchinson’s office at (501) 682-2345, and ask him to support the bill.

Our lawmakers are hearing a lot of misinformation about this bill. Besides Walmart, the Association of Counties, the Municipal League, and others have made incorrect assertions about what the Conscience Protection Act does.

We want to set the record straight. Here are three facts about the bill:

Fact #1: HB1228 is almost identical to religious freedom legislation passed in 20 states. Alabamans even went so far as to write the language into their state constitution in 1998. Additionally, most states that do not have a religious freedom protection law on the books have a court ruling of some sort protecting religious freedom. Arkansas is one of only 11 states without a state law or court ruling affirming the free exercise of religion.

Fact #2: Laws like HB1228 trigger very few lawsuits. From 1993 to 2014, 20 states passed laws similar to HB1228. According to attorneys we have spoken with, only 146 lawsuits have been filed citing these religious freedom laws, nationwide. That’s 146 cases, nationwide, over the course of 22 years. Of those cases, the vast majority of the religious freedom claims were dismissed in court. Religious freedom laws have not led to a flood of litigation anywhere else. There is no reason to think Arkansas will be any different.

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Why Our Religious Freedom Needs More Protection

Joseph La Rue and Kerri Kupec of Alliance Defending Freedom offered an excellent explanation last week on why our basic religious freedoms need better protection.

Even though the U.S. government has a federal Religious Freedom Restoration Act protecting religious liberties from encroachment by the federal government, the State of Arkansas has yet to pass a similar law protecting religious expression at the state level. Below is an explanation of what can happen when a state does not adequately protect the religious liberties of its citizens.

So, what happens in states that don’t have a clear [Religious Freedom Restoration Act]? Elane Photography in New Mexico is a perfect illustration.

Elaine Huguenin, the Christian owner of Elane Photography, declined to photograph what two women called their “commitment ceremony.” The women had no trouble finding another photographer because plenty of them were clamoring for their business. But the couple sued Elaine’s business anyway, alleging that it had violated a law banning sexual orientation discrimination.

Elaine, however, did not refuse the women because they identify as homosexual. She declined to photograph the ceremony only because she didn’t want to promote a message at odds with her sincerely held religious beliefs about marriage. So, Elaine asserted a defense under New Mexico’s RFRA, similar to Arizona’s current RFRA, saying that the government should not be able to force her to promote and participate in the ceremony when doing so violates her religious convictions.

Forcing someone to disregard their faith and act contrary to it violates their dignity as a person. But that’s what happened to Elaine because the ambiguity in New Mexico’s RFRA, like Arizona’s current one, allowed the New Mexico Supreme Court to hand down a strained interpretation that actually distinguished between Elaine as a photographer and Elaine as a small-business owner.

Click here to read the entire column.

One More Reason Arkansas Needs a Religious Freedom Restoration Act

Courts across the country are setting dangerous precedents when it comes to rulings on religious freedom. These rulings take the view that religious freedom is beliefs rather than actions.

States can rectify this by passing what are called Religious Freedom Restoration Acts, but Arkansas is one of a handful of states without a Religious Freedom Restoration Act. Here is just one example of why states need to affirm everyone’s right to religious freedom:

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