Stricken language would be deleted from and underlined language would be added to present law.
Act 677 of the Regular Session
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State of Arkansas As Engrossed: H3/5/25 H3/11/25 H3/12/25 H3/31/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1615 3
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By: Representatives Lundstrum, Beaty Jr., A. Brown, R. Burkes, Joey Carr, Hall, Ladyman, Long, 5
McAlindon, Rose, Torres, Unger 6
By: Senator G. Stubblefield 7
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For An Act To Be Entitled 9
AN ACT TO AMEND THE LAW CONCERNING RELIGIOUS 10
NONDISCRIMINATION; AND FOR OTHER PURPOSES. 11
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Subtitle 14
TO AMEND THE LAW CONCERNING RELIGIOUS 15
NONDISCRIMINATION. 16
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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 § 16 -123-601 is amended to read as follows: 20
16-123-601. Legislative intent. 21
It is the intent of the General Assembly to prohibit: 22
(1) Prohibit government discrimination against religious 23
organizations based upon the religious organizations’ religious identity or 24
conduct; 25
(2) Prohibit the government from discriminating against certain 26
individuals and organizations because of their beliefs regarding marriage or 27
what it means to be female or male; and 28
(3) Ensure that individuals and organizations cannot be 29
compelled, either by the government or through a lawsuit initiated by a 30
private party, to engage in conduct that conflicts with their beliefs or be 31
punished or discriminated against for declining to engage in conduct that 32
conflicts with their beliefs . 33
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SECTION 2. Arkansas Code § 16 -123-602(1)(C), concerning an action 35
taken by the government that constitutes a "discriminatory action" as the 36 As Engrossed: H3/5/25 H3/11/25 H3/12/25 H3/31/25 HB1615
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term is used regarding religious nondiscrimination, is amended to read as 1
follows: 2
(C) Withhold, reduce, exclude, terminate, materially alter 3
the terms or conditions of, or otherwise make unavailable, including by 4
inserting contractual provisions that contradict a person's sincerely held 5
religious beliefs, or deny any state grant, state benefit program, contract, 6
subcontract, cooperative agreement, guarantee, loan, scholarship, or other 7
similar benefit from or to such person; 8
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SECTION 3. Arkansas Code § 16 -123-602, concerning the definitions used 10
regarding religious nondiscrimination, is amended to add additional 11
subdivisions to read as follows: 12
(6) "Belief about biological sex or marriage" means a belief 13
based on religious or philosophical premises: 14
(A) Regarding the sex of two (2) individuals who may enter 15
into marriage; or 16
(B) That "male" or "man" or "female" or "woman" refers 17
exclusively to a person's immutable biological sex as objectively determined 18
by anatomy and genetics at the time of birth; 19
(7) "License-seeking student" means a person who is in an 20
educational institution in the state for the purpose of obtaining the 21
necessary educational requirements to engage in an occupation or profession 22
that is licensed or certified by state government; and 23
(8) "Occupational organization" means an entity of which a 24
person or license-seeking student must be a member in order to engage in a 25
specified occupation or profession within the state, including an entity for 26
which exclusion from the entity would substantially impair a person's ability 27
to engage in the occupation or profession. 28
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SECTION 4. Arkansas Code Title 16, Chapter 123, Subchapter 6, is 30
amended to add additional sections to read as follows: 31
16-123-606. Degrees, licensure, and certification. 32
(a) The state government shall license or certify any person that 33
would otherwise be licensed or certified, respectively, for any purposes 34
under state law but for a determination against the person wholly or 35
partially on the basis that the person believes, maintains policies and 36 As Engrossed: H3/5/25 H3/11/25 H3/12/25 H3/31/25 HB1615
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procedures, or acts in accordance with a sincerely held religious belief, 1
including a belief about biological sex or marriage unless it is demonstrated 2
that refusal of the license or certification of the person in this particular 3
instance is: 4
(1) Essential to further a compelling governmental interest; and 5
(2) The least restrictive means of furthering that compelling 6
governmental interest. 7
(b) The state government shall not revoke, decline to renew, or 8
decline to grant a college or graduate degree, license, or certification to a 9
person based upon the inability of the person to assist or provide 10
professional services to a client or potential client in pursuit of goals, 11
outcomes, or behaviors that conflict with a sincerely held religious belief 12
held by the person unless it is demonstrated that the revocation, declination 13
to renew or grant a college or graduate degree, license, or certification of 14
that person in this particular instance is: 15
(1) Essential to further a compelling governmental interest; and 16
(2) The least restrictive means of furthering that compelling 17
governmental interest. 18
(c) As a condition of obtaining or maintaining a college or graduate 19
degree, license, or certification to engage in certain occupations or 20
professions, the state government shall not require a person to be a member 21
of any occupational organization that requires its members to assist or 22
provide professional services to a client or potential client in pursuit of 23
goals, outcomes, or behaviors that conflict with a sincerely held religious 24
belief held by the person unless it is demonstrated that the requirement that 25
the person be a member of the occupational organization in this particular 26
instance is: 27
(1) Essential to further a compelling governmental interest; and 28
(2) The least restrictive means of furthering that compelling 29
governmental interest. 30
(d) A public educational institution within the state shall not 31
require a license-seeking student to assist or provide services to a client 32
or potential client in pursuit of goals, outcomes, or behaviors that conflict 33
with the student's sincerely held religious belief unless it is demonstrated 34
that the requirement that the person assist or provide services in this 35
particular instance is: 36 As Engrossed: H3/5/25 H3/11/25 H3/12/25 H3/31/25 HB1615
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(1) Essential to further a compelling governmental interest; and 1
(2) The least restrictive means of furthering that compelling 2
governmental interest. 3
(e) This section does not limit any other rights or protections 4
afforded to a person or a license -seeking student under the Arkansas 5
Constitution, the United States Constitution, state law, or state regulatory 6
authority. 7
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16-123-607. Beliefs regarding biological sex or marriage. 9
(a) The state government shall not take any discriminatory action 10
against a religious organization or person wholly or partially on the basis 11
that the religious organization or person: 12
(1) Solemnizes or declines to solemnize any marriage, or 13
provides or declines to provide services, accommodations, facilities, goods, 14
or privileges for a purpose related to the solemnization, formation, 15
celebration, or recognition of any marriage, based upon or in a manner 16
consistent with a belief about biological sex or marriage; or 17
(2) Makes any employment-related decision, including a decision 18
whether to hire, terminate, or discipline a person whose conduct or religious 19
beliefs are inconsistent with those of the religious organization, based upon 20
or in a manner consistent with a belief about biological sex or marriage. 21
(b) The state government shall not take any discriminatory action 22
against a person wholly or partially on the basis that the person: 23
(1) Has provided or declined to provide the following services, 24
accommodations, facilities, goods, or privileges for a purpose related to the 25
solemnization, formation, celebration, or recognition of any marriage, based 26
upon or in a manner consistent with a belief about biological sex or 27
marriage: 28
(A) Photography, poetry, videography, disc jockey 29
services, wedding planning, printing, web design, graphic design, publishing, 30
counseling, or similar marriage -related goods or services; or 31
(B) Floral arrangements, dress making, cake or pastry 32
artistry, assembly hall or other wedding venue rentals, car or other vehicle 33
service rentals, jewelry sales and services, or similar marriage -related 34
services, accommodations, facilities, or goods; or 35
(2) Maintains separate dress codes, restrooms, spas, baths, 36 As Engrossed: H3/5/25 H3/11/25 H3/12/25 H3/31/25 HB1615
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showers, dressing rooms, locker rooms, or other intimate facilities or 1
settings based on biological sex. 2
(c) The state government shall not take any discriminatory action 3
against a state government employee wholly or partially on the basis that the 4
state government employee lawfully speaks or engages in expressive conduct 5
based upon or in a manner consistent with a belief about biological sex or 6
marriage if the state government employee’s speech or expressive conduct 7
occurs: 8
(1) In the workplace consistent with the time, place, manner, 9
and frequency of any other expression of a religious, political, or moral 10
belief or conviction allowed and, within public institutions of higher 11
education, subject to reasonable policies established consistent with § 6 -60-12
1001 et seq. and § 6 -60-1401 et seq.; or 13
(2) Outside the workplace in the employee’s personal capacity 14
and outside the course of performing work duties. 15
(d)(1) A person employed or acting on behalf of the state government 16
who has authority to authorize or license marriages, including without 17
limitation clerks, registers of deeds, or their deputies may seek recusal 18
from authorizing or licensing lawful marriages based upon or in a manner 19
consistent with a belief about biological sex or marriage. 20
(2) A person making a recusal request under subdivision (d)(1) 21
of this section shall provide prior written notice to the state government, 22
and the state government shall not take any discriminatory action against 23
that person wholly or partially on the basis of such recusal. 24
(3) Access to a constitutional right shall not be unduly 25
burdened by a governmental entity due to a recusal request made by a person 26
under subdivision (d)(1) of this section. 27
(e)(1) A person employed or acting on behalf of the state government 28
who has authority to perform or solemnize marriages, including without 29
limitation to judges, magistrates, justices of the peace, or their deputies, 30
may seek recusal from performing or solemnizing lawful marriages based upon 31
or in a manner consistent with a belief about biological sex or marriage. 32
(2) Any person making a recusal request under subdivision (e)(1) 33
of this section shall provide prior written notice to the state government, 34
and the state government shall not take any discriminatory action against 35
that person wholly or partially on the basis of the recusal. 36 As Engrossed: H3/5/25 H3/11/25 H3/12/25 H3/31/25 HB1615
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(3) Access to a constitutional right shall not be unduly 1
burdened by a governmental entity due to a recusal request made by a person 2
under subdivision (e)(1) of this section. 3
/s/Lundstrum 4
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APPROVED: 4/16/25 7
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