Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 556 3
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By: Senator J. Dotson 5
By: Representative Vaught 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE RELIGIOUS VIEWPOINT 9
ANTIDISCRIMINATION A CT; AND FOR OTHER PU RPOSES. 10
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Subtitle 13
TO CREATE THE RELIGIOUS VIEWPOINT 14
ANTIDISCRIMINATION ACT. 15
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
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SECTION 1. Arkansas Code Title 6, Chapter 10, Subchapter 1, is amended to 20
add an additional section to read as follows: 21
6-10-137. Religious Viewpoint Antidiscrimination Act. 22
(a) This section shall be known and may be cited as the “Religious 23
Viewpoint Antidiscrimination Act". 24
(b) A public school district: 25
(1) Shall treat a public school student's voluntary expression, 26
if any, of a religious viewpoint on an otherwise permissible subject in the 27
same manner the public school district treats a public school s tudent's 28
voluntary expression of a secular or other viewpoint on an otherwise 29
permissible subject; and 30
(2) May not discriminate against a public school student based 31
on a religious viewpoint expressed by the public school student on an 32
otherwise permissible subject. 33
(c)(1) A public school district shall adopt a policy to: 34
(A) Ensure that a public school district does not 35
discriminate against a public school student's voluntary expression, if any, 36 SB556
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of a religious viewpoint; and 1
(B) Eliminate any actual or perceived affirmative school 2
sponsorship or attribution to the public school district of a public school 3
student's public expression of a religious viewpoint, if any. 4
(2) A policy adopted under subdivision (c)(1) of this section 5
shall include without limitation the: 6
(A)(i) Establishment of a limited public forum for public 7
school student speakers at all public school events at which a public school 8
student may speak publicly. 9
(ii) A public school student's expression of a 10
religious viewpoint, if any, on an otherwise permissible subject shall not be 11
excluded from the limited public forum established under subdivision 12
(c)(2)(A)(i) of this section; 13
(B) Provision of a limited public forum that does not 14
discriminate against a public sch ool student's voluntary expression of a 15
religious viewpoint, if any, on an otherwise permissible subject; 16
(C) Provision of a method, based on neutral criteria, for 17
the selection of public school speakers at public school events, including 18
graduation ceremonies; 19
(D) Procedures to ensure that a public school student 20
speaker does not engage in speech that is: 21
(i) Obscene; 22
(ii) Vulgar; 23
(iii) Offensively lewd; or 24
(iv) Indecent; and 25
(E)(i) Disclaimer that a public school student sp eaker's 26
speech does not reflect the endorsement, sponsorship, position, or expression 27
of the public school district. 28
(ii) The disclaimer under subdivision (c)(2)(E)(i) 29
of this section may be stated: 30
(a) In writing; or 31
(b) Orally. 32
(iii) The disclaimer under subdivision (c)(2)(E)(i) 33
of this section shall be provided: 34
(a) At all public school graduation 35
ceremonies; and 36 SB556
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(b) At any other public school event at which 1
a public school student speaker speaks publicly. 2
(d)(1) A public school student may express his or her religious 3
viewpoint, if any, in the following contexts without discrimination based on 4
the religious content, if any: 5
(A) Homework; 6
(B) Classwork; 7
(C) Artwork; and 8
(D) Other written or oral assignme nts. 9
(2) A public school student's homework, classwork, artwork, or 10
other written or oral assignments shall be graded and judged: 11
(A) By ordinary academic standards of substance and 12
relevance; and 13
(B) Against other conventional, pedagogical topi cs as 14
identified by a public school district. 15
(3) A public school student shall not be penalized or rewarded 16
based on the religious content, if any, of his or her homework, classwork, 17
artwork, or other written or oral assignments. 18
(e) In the event tha t the legality or constitutionality of this act is 19
challenged in a court of law, the Attorney General may: 20
(1) Prepare and present a legal defense of this act; or 21
(2)(A) Request that First Liberty Institute prepare and present 22
a legal defense of this act. 23
(B) A request that First Liberty Institute prepare and 24
present a legal defense of this act shall not be subject to § 25 -16-702. 25
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