Arkansas HB 1228, also known as the Conscience Protection Act and the Religious Freedom Restoration Act, is a law in the state of Arkansas that aims to increase "judicial scrutiny" in cases involving religious beliefs.[clarification needed] Opponents of the law say that it will allow for lawful discrimination of LGBT people.[1][2] The law was passed by the Arkansas Senate on March 31, 2015.[3] The next day, Governor Asa Hutchinson announced he would not sign the bill as written, instructing the legislature to make changes to its language. [4] The final version was passed and signed into law as Act 975.
Politifact reports that "Conservatives in Indiana and elsewhere see the Religious Freedom Restoration Act as a vehicle for fighting back against the legalization of same-sex marriage."[5] In 2015, the Alabama Supreme Court ordered a halt to the issuing of same-sex marriage licenses,[6] Kansas rescinded an LGBT anti-discrimination order,[7] and Arkansas prohibited anti-discrimination codes being enacted by cities and local governments.[8]
The bill was sponsored by Republican state representative Bob Ballinger[9] and Republican state Senator Bart Hester.[10]
Walmart, Apple, and Acxiom have publicly criticized the law, which is similar to Indiana SB 101, a law passed in Indiana a few days earlier.[11][12] Walmart CEO Doug McMillon called on Governor Hutchinson to veto the legislation.[13]
Hundreds of protesters rallied at Arkansas' Capitol to oppose the bill.[14]
The law inspired the "End Hate" installation series by Arkansas artist V. L. Cox, which was installed on the grounds of the Arkansas State Capitol and subsequently traveled the nation.
A similar bill in Georgia has stalled, with constituents expressing concern to Georgia lawmakers about the financial impacts of such a bill.[15][16][17] A meeting on the bill was cancelled.[18] Supporters of the bill have stated that the bill would be "gutted" by the inclusion of anti-discrimination clause.[19] The convention industry in Georgia has stated that a $15 million business could be at risk of boycotts.[15]
After the Burwell v. Hobby Lobby Stores, Inc. decision, the definition of religious beliefs has expanded from the beliefs of individual employees to the practices of closely held for-profit corporations.[20] Georgia State Rep. Stacey Evans, R-Smryna, proposed an amendment to change references of "persons" to "individuals," which would have eliminated corporations from the protection of the bill. State Rep. Barry Fleming, R-Harlem, noted that such a move would negate the "closely held corporation" protection granted last year by the U.S. Supreme Court in the Hobby Lobby case. The amendment was rejected.[15]
Texas SJR 10 and HJR 55 plan to introduce a similar bill that changes the language from "substantially burden" to "burden".[21] The Texas Business Association voted to oppose the bills.[22] Molly White introduced a bill that would expressly grant private businesses the right to “refuse to provide goods or services to any person based on a sincerely held religious belief or on conscientious grounds.”
A similar bill in North Carolina has stalled, with commentators predicting a backlash similar to Indiana's.[23][24]