ARKANSAS: Gov Appoints Gay Adoption Opponent To Hear Marriage Case

Via the Arkansas Times:

Gov. Asa Hutchinson has appointed three special justices to fill openings on the Arkansas Supreme Court in a case to decide which justices should rule on the lawsuit challenging the ban on same-sex marriage. They are former Republican senator Shawn Womack, now a circuit judge in Mountain Home; former Republican attorney general candidate and former appointed Supreme Court Justice Betty Dickey, and Brett Watson, a Searcy lawyer. No word yet on how quickly the three are expected to come up to speed on the question carved off as a separate case by Justices Courtney Goodson, Karen Baker, Jo Hart and Robin Wynne. When a legislator, Shawn Womack introduced, but didn't pass, a bill to prohibit adoptions by homosexuals. Not that discrimination against homosexuals is squarely at issue in who decides how to rule on the marriage case. Or is it? Womack failed, but voters in 2008 approved an initiated act to accomplish Womack's aim. The Arkansas Supreme Court struck it down as unconstitutional, but the membership in that court has changed dramatically, even more so in this special derivative case.

The case is separate from the one to be heard next month by the Eighth Circuit Court, which will also hear the cases out of Missouri, Nebraska, and South Dakota.

ARKANSAS: Governor Vows To Replace Supreme Court Justices Who Recused Themselves From Same-Sex Marriage Case

Via the Arkansas News:

Gov. Asa Hutchinson said Thursday he plans to move quickly to appoint special justices to replace members of the state Supreme Court who recused themselves from a new case spun off from a challenge to Arkansas’ ban on gay marriage. On Wednesday, Chief Justice Jim Hannah and Justice Paul Danielson recused themselves from a new case that a majority of the justices recently created to resolve procedural issues in the gay marriage case. Hannah and Danielson both said they saw no need for the new case, and Hannah accused the majority members of seeking to delay ruling on gay marriage. Also, Justice Rhonda Wood recused herself from the new case last week. The new case was created to determine whether the court should hear new oral arguments, with new members who joined the court in January participating, or should rule based on the record, written arguments already submitted and oral arguments that were presented Nov. 20.

The Eighth Circuit Court will hear oral arguments in a separate Arkansas marriage case on May 12th.

ARKANSAS: Gov. Asa Hutchinson Signs Amended Version Of RFRA Bill

CNN reports:

Arkansas Gov. Asa Hutchinson signed a religious freedom measure into law on Thursday after state lawmakers overhauled their proposal so that it mirrors the federal law. In the wake of intense backlash against a similar law in Indiana, first-term Republican governor had rejected the first version Arkansas lawmakers had sent to his desk, instead asking for two tweaks so there would be no daylight between his state's law and the one President Bill Clinton signed in 1993. "I think it's sending the right signal, the way this has been resolved, to the world and the country that Arkansas understands the diversity of our culture and workforce but also the importance of balancing that with our sincerely held religious convictions," Hutchinson said Thursday afternoon.

There's also this:

Meanwhile, Hutchinson said, he's considering signing an executive order that bars discrimination among the state's workforce. "The issue has become divisive because our nation remains split on how to balance the diversity of our culture with the traditions and firmly held religious convictions," Hutchinson said then. "It has divided families, and there is clearly a generational gap on this issue." Case in point, Hutchinson said: His son Seth signed a petition asking him to veto the bill — and also gave his father permission to tell reporters he'd done so.

So at the end of all this mess, in Arkansas at least, it appears that the wingnuts get a relatively toothless "religious freedom" bill and we might get protections for state employees. Still standing is the bill that repeals local LGBT rights ordinances.

UPDATE: The ACLU reacts.

Gov. Asa Hutchinson today signed SB 975 into law, a revised bill that sought to improve upon Religious Freedom Restoration Act HB 1228, which closely resembled Indiana’s controversial RFRA. In doing so, he rejected the earlier HB 1228, which, like Indiana’s divisive law, allowed anyone to use their religious beliefs to claim that they have a right to refuse to follow virtually any law, including nondiscrimination laws.

The revised version was proposed following Gov. Hutchinson’s acknowledgement yesterday of HB 1228’s significant flaws, yet it falls short in protecting against the use of religion to avoid following laws that protect Arkansans from harm. The new RFRA can still be invoked to justify discrimination against gay and transgender people, people of color, minority faiths, women, and other Arkansans at risk.

We are grateful that Gov. Hutchinson and members of the General Assembly have listened to the loud outcry in opposition to HB 1228 and have enacted a new proposal. But this new law fails to protect against the use of religion to discriminate against and harm others. Religious liberty is a fundamental value that the ACLU of Arkansas has been working to uphold since 1969. We will be vigilant and ensure that the shield of religious freedom doesn't become a sword used to harm others in the State of Arkansas.

ARKANSAS: Activists Rally For Changes To License To Discriminate Bill

Quote Of The Day - Seth Hutchinson

"I am happy that my Dad is now calling on legislators to rework HB 1228. I had communicated with him my opposition to the bill, along with thousands of other Arkansans and concerned citizens around the country. I'm proud to have made a small contribution to the overall effort to stop discrimination against the LGBT community in Arkansas, the state that I love (Go hogs!). I love and respect my father very much, but sometimes we have political disagreements, just as many families do. We must build a mass movement of Americans fighting for economic, environmental, and social justice if we want to see real progress." - Seth Hutchinson, in an email to Business Insider.  Learn more about Seth at this New York Times profile published today.

ARKANSAS: Gov. Asa Hutchinson Won't Sign RFRA Bill Unless There Are Changes

Hutchinson opened his press conference by noting that his own son had signed the petition asking him to issue a veto. The influence of Walmart in today's decision cannot be underestimated.

LIVE VIDEO: Arkansas Governor Holds Press Conference On Anti-Gay RFRA Bill

At 10:30AM local time Arkansas Gov. Asa Hutchinson will hold a press conference on his state's license to discriminate bill, which was sent to his desk yesterday by the Arkansas House. Hutchinson has vowed to sign the bill, but that was before Walmart stomped into the issue yesterday wearing their trillion-dollar boots. Watch live here.

UPDATE: Here's the full video.

ARKANSAS: Walmart Tells Governor To Veto License To Discriminate Bill

ARKANSAS: State House Sends Anti-Gay License To Discriminate Bill To Desk Of GOP Governor Asa Hutchinson

Via Arkansas Online:

Arkansas's Religion Freedom Restoration Act was approved by the state's House of Representatives on Tuesday in a final vote before it heads to Gov. Asa Hutchinson's desk. Hutchinson has said repeatedly he will sign the measure into law despite opponents who have called it discriminatory and a backlash against similar legislation in Indiana that has that state's governor seeking to further clarify the law's scope. The Arkansas House passed amendments in three separate votes: 68-19, 67-18 and 67-21, to HB1228 on Tuesday. The chamber previously approved the bill, sponsored by Rep. Bob Ballinger, R-Hindsville [PHOTO], but had to approve a new version with amendments added in the state Senate.

Little Rock Mayor Mark Stodola is calling for the governor to veto the bill.

Stodola had a signed letter hand delivered to Hutchinson's office Monday that listed his reasons for being opposed to House Bill 1228, which would not allow the state to "substantially burden a person's right to exercise of religion" unless doing so is necessary "to further a compelling state interest." The capital city's mayor wrote that freedom of religion is already embodied in the U.S. Constitution and Bill of Rights.

"Indeed, before the introduction of HB1228, the people of Arkansas have always given a high priority to religious freedom and they will continue to give religious freedom a high priority if it is not enacted. This type of legislation is simply not necessary," Stodola wrote. Critics say the bill would allow businesses to discriminate against gays and others. Hundreds rallied against the bill at the state Capitol on Monday when a House committee approved Senate amendments to the bill.

ARKANSAS: Senate Approves Anti-Gay License To Discriminate Bill, Gov. Asa Hutchinson Says He Plans To Sign It

Arkansas Online reports:

The chamber voted 24-7 to approve House Bill 1228, the Conscience Protection Act, a day after representatives from the Human Rights Campaign spoke out against the bill in Little Rock and called it discriminatory. HB1228's lead sponsor, state Rep. Bob Ballinger, R-Hindsville, has said the bill will shift Arkansas to a strict scrutiny standard, which makes it more difficult to infringe on religious rights. He told House members when the legislation passed that chamber last month that it would require the government to have compelling interest and for it to take the least restrictive action to regulate a "legitimate, deeply-held religious belief."

The bill must now return to the House to reconcile minor changes made by the Senate. The House first approved the bill in February. Gov. Asa Hutchinson said yesterday that he intends to sign it.

ARKANSAS: Walmart Weighs In Too Late

After a strong social media campaign by activists, late yesterday Walmart finally denounced the Arkansas bill that bans LGBT rights statewide. Via the Associated Press:

"Every day, in our stores, we see firsthand the benefits diversity and inclusion have on our associates, customers and communities we serve. It all starts with the core basic belief of respect for the individual. And that means understanding and respecting differences and being inclusive of all people," Wal-Mart spokesman Lorenzo Lopez said in a statement. "We feel this legislation is counter to this core basic belief and sends the wrong message about Arkansas."  Opponents of the ban were weighing a lawsuit to challenge the measure's constitutionality. "It's just another scar on the face of a state that really doesn't need any more signs of an intolerance toward outsiders, toward people that some people disapprove of," said Rita Sklar, executive director of the American Civil Liberties Union of Arkansas. The measure was introduced in reaction to an ordinance in the city of Fayetteville, where voters expanded the city's anti-discrimination protections. Eureka Springs in northwest Arkansas enacted a similar measure earlier this month, and Little Rock elected officials are weighing expanding that city's discrimination protections.

Since Gov. Asa Hutchinson refused to issue a veto or sign the bill, it becomes law today and goes into effect 90 days after the end of the current legislative session in the fall. Walmart received a 90% rating in the 2015 HRC Corporate Equality Index.

Arkansas Governor: There Will Be No Veto

Via the Arkansas Times:

Last-minute pleas that Gov. Asa Hutchinson veto SB 202, the gay discrimination legislation, won't affect the outcome. I inquired of his press spokesman, J.R. Davis, if there was any chance the governor might change his position to allow the bill to become law, albeit without his signature. The succinct response: "The Governor's position will not change." The legislation was adopted last Tuesday. It prohibits local governments from protecting the civil rights of gay people. Pending is an even broader bill that would protect discrimination against gay people at the local and state level by any who desire not to do business or interact with gay people.

While the bill will become law tomorrow, it will not go into effect until 90 days after the end of legislative session in the fall. Presumably that will allow plenty of time for the sure-to-come legal challenges.

Cher Has Your Back, Arkansas

ARKANSAS: LGBT Groups Issue Last Minute Veto Plea To Governor

Two weeks ago the Arkansas legislature approved a bill that would ban any municipality from enacting LGBT anti-discrimination ordinances. Without a veto from Gov. Asa Hutchinson, that law goes into effect tomorrow. Yesterday Lambda Legal, the ACLU, GLAD, and the NCLR issued a last-minute plea to Hutchinson.

SB 202 was passed to thwart cities like Fayetteville and Eureka Springs that recently have enacted sexual orientation and gender identity nondiscrimination protections. So if Governor Hutchinson allows this bill to take effect, it will amount to a giant, flashing “Gays Stay Away” sign. It will block sincere local efforts to show that Arkansas communities are welcoming places beckoning talent, innovation and workforce diversity. It will do precisely what Arizona’s Governor Brewer decided to avoid last year when she vetoed that state’s “discrimination as religion” bill.

Recalling Colorado's fatally flawed Amendment 2, which years ago explicitly targeted lesbians, gay men and bisexuals (and not heterosexuals), many are asking whether SB 202 is a similarly unconstitutional denial of equal protection. When the Supreme Court struck down Amendment 2 in Romer v. Evans, it underscored that the case record revealed anti-gay "animus" propelling the popular vote and no legitimate government reasons for precluding local nondiscrimination protections for LGBT people, and for no one else.

It is that manifest and dangerously discriminatory purpose that causes so many to call out the equal protection problem at the heart of SB 202. Every lawmaker who voted for this bill has taken an oath to uphold both the Arkansas Constitution and the United States Constitution. Both charters contain equal protection guarantees. Governor Hutchinson has taken that oath as well. He also has pledged to shepherd the State's economy. We call on him to honor both commitments by vetoing SB 202.

ARKANSAS: Brother Of Anti-Gay State Rep Comes Out Against LGBT Rights Ban

Last week the Arkansas legislature approved a bill that would ban any municipality from enacting an LGBT rights ordinance. Gov. Asa Hutchinson has said that he will allow the bill the become law without his signature, prompting a social media campaign urging him to issue a veto. The gay brother of state Rep. Charlie Collins yesterday posted a public letter denouncing him for supporting the bill. An excerpt:

I think it’s also important to note that while my brother spoke in support of the Repeal 119 group in November and actively campaigned as one of Fayetteville’s state representatives in December he was simultaneously coordinating a visit with my lesbian sister to host, assist and tour his daughter around Seattle where my niece was being interviewed for an entry-level position by a top Fortune 100 company at which my sister works, and incidentally, receives the company’s legal protections and benefits for herself, her wife and their two boys. These are the same types of anti-discrimination policies my brother campaigned to repeal.

My niece is a tremendous young lady. She’s a bright and accomplished student who earned her interview on the strength of her own skills and talents. However, I think it’s inconsiderate, hypocritical and rude for Charlie to accept the assistance of my sister, who has been out as a lesbian in the business community for more than 25 years, while at the very same time undermining the types of protections and benefits she and her family enjoy. Thanks in part to his effort if she lived and worked in Fayetteville, and soon possibly all of Arkansas, she might not have a job, and if she did, her wife and their two boys would not have the benefits and protections they have today.

Hit the link and read the full letter.

UPDATE: Don Collins has joined the comments thread and notes that he's been a daily JMG reader for five years.