Arkansas 2023 Regular Session

Arkansas Senate Bill SB556 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 788 of the Regular Session
3	2		TNL119 3/31/2023 10:48:49 AM TNL119
4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 556 3
8	7		4
9	8		By: Senator J. Dotson 5
10	9		By: Representative Vaught 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO CREATE THE RELIGIOUS VIEWPOINT 9
14	13		ANTIDISCRIMINATION A CT; AND FOR OTHER PU RPOSES. 10
15	14		11
16	15		12
17	16		Subtitle 13
18	17		TO CREATE THE RELIGIOUS VIEWPOINT 14
19	18		ANTIDISCRIMINATION ACT. 15
20	19		16
21	20		17
22	21		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
23	22		19
24	23		SECTION 1. Arkansas Code Title 6, Chapter 10, Subchapter 1, is amended to 20
25	24		add an additional section to read as follows: 21
26	25		6-10-137. Religious Viewpoint Antidiscrimination Act. 22
27	26		(a) This section shall be known and may be cited as the “Religious 23
28	27		Viewpoint Antidiscrimination Act". 24
29	28		(b) A public school district: 25
30	29		(1) Shall treat a public school student's voluntary expression, 26
31	30		if any, of a religious viewpoint on an otherwise permissible subject in the 27
32	31		same manner the public school district treats a public school s tudent's 28
33	32		voluntary expression of a secular or other viewpoint on an otherwise 29
34	33		permissible subject; and 30
35	34		(2) May not discriminate against a public school student based 31
36	35		on a religious viewpoint expressed by the public school student on an 32
37	36		otherwise permissible subject. 33
38	37		(c)(1) A public school district shall adopt a policy to: 34
39	38		(A) Ensure that a public school district does not 35
40	39		discriminate against a public school student's voluntary expression, if any, 36 SB556
41	40
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43	42
44	43
45	44		of a religious viewpoint; and 1
46	45		(B) Eliminate any actual or perceived affirmative school 2
47	46		sponsorship or attribution to the public school district of a public school 3
48	47		student's public expression of a religious viewpoint, if any. 4
49	48		(2) A policy adopted under subdivision (c)(1) of this section 5
50	49		shall include without limitation the: 6
51	50		(A)(i) Establishment of a limited public forum for public 7
52	51		school student speakers at all public school events at which a public school 8
53	52		student may speak publicly. 9
54	53		(ii) A public school student's expression of a 10
55	54		religious viewpoint, if any, on an otherwise permissible subject shall not be 11
56	55		excluded from the limited public forum established under subdivision 12
57	56		(c)(2)(A)(i) of this section; 13
58	57		(B) Provision of a limited public forum that does not 14
59	58		discriminate against a public sch ool student's voluntary expression of a 15
60	59		religious viewpoint, if any, on an otherwise permissible subject; 16
61	60		(C) Provision of a method, based on neutral criteria, for 17
62	61		the selection of public school speakers at public school events, including 18
63	62		graduation ceremonies; 19
64	63		(D) Procedures to ensure that a public school student 20
65	64		speaker does not engage in speech that is: 21
66	65		(i) Obscene; 22
67	66		(ii) Vulgar; 23
68	67		(iii) Offensively lewd; or 24
69	68		(iv) Indecent; and 25
70	69		(E)(i) Disclaimer that a public school student sp eaker's 26
71	70		speech does not reflect the endorsement, sponsorship, position, or expression 27
72	71		of the public school district. 28
73	72		(ii) The disclaimer under subdivision (c)(2)(E)(i) 29
74	73		of this section may be stated: 30
75	74		(a) In writing; or 31
76	75		(b) Orally. 32
77	76		(iii) The disclaimer under subdivision (c)(2)(E)(i) 33
78	77		of this section shall be provided: 34
79	78		(a) At all public school graduation 35
80	79		ceremonies; and 36 SB556
81	80
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84	83
85	84		(b) At any other public school event at which 1
86	85		a public school student speaker speaks publicly. 2
87	86		(d)(1) A public school student may express his or her religious 3
88	87		viewpoint, if any, in the following contexts without discrimination based on 4
89	88		the religious content, if any: 5
90	89		(A) Homework; 6
91	90		(B) Classwork; 7
92	91		(C) Artwork; and 8
93	92		(D) Other written or oral assignme nts. 9
94	93		(2) A public school student's homework, classwork, artwork, or 10
95	94		other written or oral assignments shall be graded and judged: 11
96	95		(A) By ordinary academic standards of substance and 12
97	96		relevance; and 13
98	97		(B) Against other conventional, pedagogical topi cs as 14
99	98		identified by a public school district. 15
100	99		(3) A public school student shall not be penalized or rewarded 16
101	100		based on the religious content, if any, of his or her homework, classwork, 17
102	101		artwork, or other written or oral assignments. 18
103	102		(e) In the event tha t the legality or constitutionality of this act is 19
104	103		challenged in a court of law, the Attorney General may: 20
105	104		(1) Prepare and present a legal defense of this act; or 21
106	105		(2)(A) Request that First Liberty Institute prepare and present 22
107	106		a legal defense of this act. 23
108	107		(B) A request that First Liberty Institute prepare and 24
109	108		present a legal defense of this act shall not be subject to § 25 -16-702. 25
110	109		26
111	110		27
112	111		28
113	112		29
114		-	~~APPROVED: 4/12/23~~ 30
	113	+	30
115	114		31
116	115		32
117	116		33
118	117		34
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120	119		36