everything you want to know (and don't) about arkansas politics

Republican Sponsorship
Civil Rights

HB1615

To Create The Conscience Protection Act; And To Amend The Religious Freedom Restoration Act.

Passed

Last Action (April 12, 2023): Notification that HB1615 is now Act 733

Sponsors

AI-Generated Summary

House Bill 1615, titled the 'Conscience Protection Act,' seeks to strengthen protections for the exercise of religious beliefs within Arkansas. It amends the state's existing Religious Freedom Restoration Act by broadening definitions related to religious exercise and defining 'substantially burden' to include penalties or the loss of state benefits. The bill mandates that any governmental action burdening a person's religious exercise must be the least restrictive means of furthering a compelling government interest. Additionally, the bill creates a new subchapter, 'Religious Nondiscrimination,' which prohibits state government entities from taking discriminatory actions against religious organizations or entities based on their religious identity or conduct. It explicitly includes within its scope religious-based beliefs regarding biological sex and marriage. The legislation provides legal remedies for individuals and entities to claim or defend against government actions that infringe upon these protections, including the recovery of attorney's fees. It also waives sovereign immunity for certain legal actions and requires that the act be construed to provide broad protection of religious beliefs.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries of this bill are religious organizations, including houses of worship and affiliated institutions, as well as individuals, business owners, and closely held entities who hold sincerely held religious beliefs. These parties gain stronger legal standing to challenge government policies, regulations, or licensing requirements that they believe conflict with their religious convictions, particularly regarding beliefs about biological sex and marriage, and they gain protections against the loss of state grants, contracts, or tax exemptions due to their religious stances.

Who Might Suffer?

The bill may negatively impact state and local government agencies by limiting their regulatory authority and potentially exposing them to increased litigation costs, legal fees, and administrative burdens if their policies are challenged on religious grounds. Furthermore, individuals or groups who rely on consistent enforcement of state-wide civil rights or non-discrimination policies—particularly in sectors like housing, employment, or the administration of social services—may be negatively impacted, as the bill potentially allows for exemptions from such policies if they conflict with a person's or organization's sincerely held religious beliefs.

Vote Records

Third Reading

April 6, 2023
Yea: 28 Nay: 4 NV: 1 Absent: 2 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate NV
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Nay
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Yea
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Absent
Frederick Love Democrat Senate Nay
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Nay
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Absent
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Nay
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea

Third Reading

April 3, 2023
Yea: 78 Nay: 17 NV: 5 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House Nay
Lane Jean Republican House NV
Stephen Meeks Republican House NV
Mark Perry Democrat House NV
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House Nay
Deborah Ferguson Democrat House Nay
Charlene Fite Republican House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Nay
Mark McElroy Republican House Yea
Josh Miller Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House NV
Ron Mcnair Republican House Yea
Milton Nicks Democrat House Nay
Marcus Richmond Republican House Yea
Vivian Flowers Democrat House Nay
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Nay
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Nay
Cindy Crawford Republican House Yea
Denise Garner Democrat House Nay
Tippi McCullough Democrat House Nay
Jay Richardson Democrat House Nay
Jamie Scott Democrat House Nay
Jim Wooten Republican House Yea
Denise Ennett Democrat House Nay
Richard McGrew Republican House Yea
Joy Springer Democrat House Nay
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Nay
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House Yea
Hope Duke Republican House Nay
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Nay
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea
Read Full Bill on arkleg.state.ar.us