Gender and Sexuality

Smith: Arkansas discrimination law highlights backward policies

In what sounds like a story from a generation ago, Arkansas will most likely pass a bill allowing discrimination based on sexual orientation.

This bill will be a blanket for the entire state, destroying any laws already in place locally that protect LGBT residents, because they will be trumped by the state legislation. In addition, once this bill is a law, towns and cities won’t be able to override it and create their own non-discrimination policies.

Without a non-discrimination policy, it will be legal for a landlord to refuse housing, an employer to fire and a restaurant to deny service to someone because they are a part of the LGBT community.

Bills that allow equal discrimination across a state instead of equal non-discrimination are inherently backwards and turn the LGBT community into second-class citizens. Where the government is supposed to protect its citizens, it is doing just the opposite.

This state bill, called SB202 was introduced on Feb. 2 and was swiftly pushed through a committee, the senate, and the house and was delivered to Gov. Asa Hutchinson (R-Ark.) this past Tuesday.



In Arkansas, a bill can become a law with the governor’s signature or it can sit on their desk for five days with no action and pass. At this rate, SB202 will become a law on Monday. And while the Human Rights Campaign has deplored Hutchinson for his silence, his spokesperson told Buzzfeed, “As the governor stated Friday regarding SB202, he will allow the bill to go into law without his signature.”

This is an opportunity for Arkansas to veto a poorly thought out concept and stand on the right side of history, yet the officials in control appear unaware of what this law could introduce.

And these ordinances don’t just support the LGBT community, they ban discrimination based on marital status, socioeconomic background and veteran status along with gender identity and sexual orientation. In towns like Eureka Springs and Fayetteville, Arkansas where ordinances have passed to prohibit discrimination, this will mean a quick reverse and repeal.

There is a lot to fight for this, and silence from someone as powerful as Hutchinson should raise serious concern.

What is even more concerning is that this bill “finds that uniformity of law benefits the businesses, organizations and employers seeking to do business in the state and attracts new businesses, organizations and employers to the state.”

Unless Arkansas wants discriminatory companies with outdated policies, this is only giving the state a bad reputation. “Arkansas cities will lose their ability to recruit top talent, compete for quality jobs and welcome many Fortune 500 companies — who support LGBT equality — to their region,” according to the Human Rights Campaign’s website.

Instead of Arkansas coming out as a welcoming home for all families to live and work, they are turning into a no-go state for LGBT families and partners. This is one terrible decision after another.

Instead of insuring discrimination uniformity, the governor of Arkansas should sign a bill pushing uniform non-discrimination.

Julia Smith is a junior newspaper and online journalism and sociology dual major. Her column appears weekly. She can be reached at [email protected] and followed on Twitter @jcsmith711.





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