The Arkansas House on Friday passed a bill its sponsor said will strengthen religious freedom protections.
The House voted 72-20 in favor of House Bill 1228, the Conscience Protection Act.
Rep. Bob Ballinger, R-Hindsville, told the chamber the bill shifts Arkansas to a strict scrutiny standard, which he said makes it more difficult to infringe on religious rights. Ballinger said 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."
Ballinger said the bill would not allow a county clerk, for example, to refuse to issue a same-sex marriage license if gay marriage were legalized in Arkansas because the state has a compelling interest in issuing marriage licenses and complying with the law.
But a school that now doesn't have to allow a student to wear a hat on religious holy days could be compelled to do so under strict scrutiny, Ballinger said. He characterized it as requiring "the government to prove a little more why it's burdening someone's religion."
"This does not create a get-out-of-jail-free card," he cautioned. "It does not mean you automatically win every argument just because you say you have a religious conviction."
Ballinger said he did not believe the law would result in increased litigation. He said Arkansas had strict scrutiny before a 1997 Supreme Court ruling and 38 other states have it now and there was "no discernible uptick in litigation."
Rep. John Walker, D-Little Rock, spoke against the bill, saying he didn't think it was necessary and is concerned "people who are different may be subjected to different treatment" under it.
Read Saturday’s Arkansas Democrat-Gazette for full details.
