Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1615 3
4
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
8
For An Act To Be Entitled 9
AN ACT TO AMEND THE LAW CONCERNING RELIGIOUS 10
NONDISCRIMINATION; AND FOR OTHER PURPOSES 11
12
13
Subtitle 14
TO AMEND THE LAW CONCERNING RELIGIOUS 15
NONDISCRIMINATION. 16
17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
19
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) Ensure that faith -based adoption and foster care providers 26
remain free to serve children in need and work with the state to find loving, 27
permanent homes for children; 28
(3) Prohibit the government from discriminating against certain 29
individuals and organizations because of their beliefs regarding marriage or 30
what it means to be female or male; and 31
(4) Ensure that individuals and organizations cannot be 32
compelled, either by the government or through a lawsuit initiated by a 33
private party, to engage in conduct that conflicts with their beliefs or be 34
punished or discriminated against for declining to engage in conduct that 35
conflicts with their beliefs . 36 HB1615
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1
SECTION 2. Arkansas Code § 16 -123-602(1)(C), concerning an action 2
taken by the government that constitutes a "discriminatory action" as the 3
term is used regarding religious nondiscrimination, is amended to read as 4
follows: 5
(C) Withhold, reduce, exclude, terminate, materially alter 6
the terms or conditions of, or otherwise make unavailable, including by 7
inserting contractual provisions that contradict a person's sincerely held 8
religious beliefs, or deny any state grant, state benefit program, contract, 9
subcontract, cooperative agreement, guarantee, loan, scholarship, or other 10
similar benefit from or to such person; 11
12
SECTION 3. Arkansas Code § 16 -123-602, concerning the definitions used 13
regarding religious nondiscrimination, is amended to add additional 14
subdivisions to read as follows: 15
(6) "Adoption or foster care" means social services provided to 16
or on behalf of children, including without limitation: 17
(A) Assisting abused or neglected children; 18
(B) Teaching children and parents occupational, 19
homemaking, and other domestic skills; 20
(C) Promoting foster parenting; 21
(D) Providing foster homes, residential care, group homes, 22
or temporary group shelters for children; 23
(E) Recruiting foster parents; 24
(F) Placing children in foster homes; 25
(G) Licensing or certifying foster homes; 26
(H) Promoting adoption or recruiting adoptive parents; 27
(I) Assisting adoptions or supporting adoptive families; 28
(J) Performing or assisting home studies; 29
(K) Assisting kinship guardianships or kinship caregivers; 30
(L) Providing family preservation services; 31
(M) Providing family support services; and 32
(N) Providing temporary family reunification services; 33
(7) "Belief about biological sex or marriage" means a belief 34
based on religious or philosophical premises: 35
(A) Regarding the sex of two (2) individuals who may enter 36 HB1615
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into marriage; or 1
(B) That "male" or "man" or "female" or "woman" refers 2
exclusively to a person's immutable biological sex as objectively determined 3
by anatomy and genetics at the time of birth; 4
(8) "License-seeking student" means a person who is in an 5
educational institution in the state for the purpose of obtaining the 6
necessary educational requirements to engage in an occupation or profession 7
that is licensed, accredited, or certified by state government; and 8
(9) "Occupational organization" means an entity of which a 9
person or license-seeking student must be a member in order to engage in a 10
specified occupation or profession within the state, including an entity for 11
which exclusion from the entity would substantially impair a person's ability 12
to engage in the occupation or profession. 13
14
SECTION 4. Arkansas Code § 16 -123-603, concerning the 15
prohibition against religious discrimination, is amended to add additional 16
subsections to read as follows: 17
(c) The state government shall not take any discriminatory action 18
against a religious organization that advertises, provides, or facilitates 19
adoption or foster care, wholly or partially on the basis that the religious 20
organization has provided or declined to provide any adoption or foster care 21
service, or related service, based upon or in a manner consistent with a 22
sincerely held religious belief unless it is demonstrated that the action 23
against the religious organization in this particular instance is: 24
(1) Essential to further a compelling governmental interest; and 25
(2) The least restrictive means of furthering that compelling 26
governmental interest. 27
(d)(1) The state government shall not take any discriminatory action 28
against a person to whom the state grants custody of a foster child or 29
adoptive child, or who seeks from the state custody of a foster child or 30
adoptive child, wholly or partially on the basis that the person guides, 31
instructs, or raises a child, or intends to guide, instruct, or raise a 32
child, based upon or in a manner consistent with a sincerely held religious 33
belief unless it is demonstrated that the action against the person in this 34
particular instance is: 35
(A) Essential to further a compelling governmental 36 HB1615
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interest; and 1
(B) The least restrictive means of furthering that 2
compelling governmental interest . 3
(2) The state government may consider whether a person shares 4
the same religion or faith tradition as a foster child or adoptive child when 5
considering placement of the foster child or adoptive child in order to 6
prioritize placement with a person of the same religion or faith tradition. 7
8
SECTION 5. Arkansas Code Title 16, Chapter 123, Subchapter 6, is 9
amended to add additional sections to read as follows: 10
16-123-606. Degrees, accreditation, licensure, and certification. 11
(a) The state government shall consider accredited, licensed, or 12
certified any person that would otherwise be accredited, licensed, or 13
certified, respectively, for any purposes under state law but for a 14
determination against the person wholly or partially on the basis that the 15
person believes, maintains policies and procedures, or acts in accordance 16
with a sincerely held religious belief, including a belief about biological 17
sex or marriage unless it is demonstrated that refusal of consideration of 18
the accreditation, license, or certification of the person in this particular 19
instance is: 20
(1) Essential to further a compelling governmental interest; and 21
(2) The least restrictive means of furthering that compelling 22
governmental interest. 23
(b) The state government shall not revoke, decline to renew, or 24
decline to grant a college or graduate degree, license, accreditation, or 25
certification to a person based upon the inability of the person to assist or 26
provide professional services to a client or potential client in pursuit of 27
goals, outcomes, or behaviors that conflict with a sincerely held religious 28
belief held by the person unless it is demonstrated that the revocation, 29
declination to renew or grant a college or graduate degree, license, 30
accreditation, or certification of that person in this particular instance 31
is: 32
(1) Essential to further a compelling governmental interest; and 33
(2) The least restrictive means of furthering that compelling 34
governmental interest. 35
(c) As a condition of obtaining or maintaining a college or graduate 36 HB1615
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degree, license, accreditation, or certification to engage in certain 1
occupations or professions, the state government shall not require a person 2
to be a member of any occupational organization that requires its members to 3
assist or provide professional services to a client or potential client in 4
pursuit of goals, outcomes, or behaviors that conflict with a sincerely held 5
religious belief held by the person unless it is demonstrated that the 6
requirement that the person be a member of the occupational organization in 7
this particular instance is: 8
(1) Essential to further a compelling governmental interest; and 9
(2) The least restrictive means of furthering that compelling 10
governmental interest. 11
(d) An educational institution within the state shall not require a 12
license-seeking student to assist or provide services to a client or 13
potential client in pursuit of goals, outcomes, or behaviors that conflict 14
with the student's sincerely held religious belief unless it is demonstrated 15
that the requirement that the person assist or provide services in this 16
particular instance is: 17
(1) Essential to further a compelling governmental interest; and 18
(2) The least restrictive means of furthering that compelling 19
governmental interest. 20
(e) A person's inability to assist or provide professional services to 21
a client or potential client in pursuit of goals, outcomes, or behaviors that 22
conflict with the person's sincerely held religious belief, except for those 23
professional healthcare services that are governed under the Medical Ethics 24
and Diversity Act, § 17 -80-501 et seq., shall not be the basis for a: 25
(1) Hearing or action by the state government or educational 26
institution; 27
(2) Civil cause of action; or 28
(3) Criminal prosecution. 29
(f) An occupational organization operating within the state shall not 30
fine or discipline its members for religious speech, nor shall it require its 31
members to sign or adhere to any statement provision or code of conduct 32
provision in violation of their religious beliefs unless such statement or 33
code of conduct provision is: 34
(1) Essential to furthering a compelling governmental interest; 35
and 36 HB1615
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(2) The least restrictive means of furthering that compelling 1
governmental interest. 2
(g) This section does not limit any other rights or protections 3
afforded to a person or a license -seeking student under the Arkansas 4
Constitution, the United States Constitution, state law, or state regulatory 5
authority. 6
7
16-123-607. Beliefs regarding biological sex or marriage. 8
(a) The state government shall not take any discriminatory action 9
against: 10
(1) A religious organization or person wholly or partially on 11
the basis that the religious organization or person: 12
(A) 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; 17
(B) Makes any employment -related decision, including a 18
decision whether to hire, terminate, or discipline a person whose conduct or 19
religious beliefs are inconsistent with those of the religious organization, 20
based upon or in a manner consistent with a belief about biological sex or 21
marriage; or 22
(C) Makes any decision concerning the sale, rental, 23
occupancy of, or terms and conditions of occupying a dwelling or other 24
housing under its control based upon or in a manner consistent with a belief 25
about biological sex or marriage; 26
(2) A person wholly or partially on the basis that the person 27
has provided or declined to provide the following services, accommodations, 28
facilities, goods, or privileges for a purpose related to the solemnization, 29
formation, celebration, or recognition of any marriage, based upon or in a 30
manner consistent with a belief about biological sex or marriage: 31
(A) Photography, poetry, videography, disc jockey 32
services, wedding planning, printing, web design, graphic design, publishing, 33
counseling, or similar marriage -related goods or services; or 34
(B) Floral arrangements, dress making, cake or pastry 35
artistry, assembly hall or other wedding venue rentals, car or other vehicle 36 HB1615
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service rentals, jewelry sales and services, or similar marriage -related 1
services, accommodations, facilities, or goods; 2
(3) A person wholly or partially on the basis that the person 3
maintains separate dress codes, restrooms, spas, baths, showers, dressing 4
rooms, locker rooms, or other intimate facilities or settings based on 5
biological sex; or 6
(4) A state government employee wholly or partially on the basis 7
that the state government employee lawfully speaks or engages in expressive 8
conduct based upon or in a manner consistent with a belief about biological 9
sex or marriage if the state government employee’s speech or expressive 10
conduct occurs: 11
(A) In the workplace consistent with the time, place, 12
manner, and frequency of any other expression of a religious, political, or 13
moral belief or conviction allowed; or 14
(B) Outside the workplace in the employee’s personal 15
capacity and outside the course of performing work duties. 16
(b)(1) A person employed or acting on behalf of the state government 17
who has authority to authorize or license marriages, including without 18
limitation clerks, registers of deeds, or their deputies may seek recusal 19
from authorizing or licensing lawful marriages based upon or in a manner 20
consistent with a belief about biological sex or marriage. 21
(2) A person making a recusal request under subdivision (b)(1) 22
of this section shall provide prior written notice to the state government, 23
and the state government shall not take any discriminatory action against 24
that person wholly or partially on the basis of such recusal. 25
(c)(1) A person employed or acting on behalf of the state government 26
who has authority to perform or solemnize marriages, including without 27
limitation to judges, magistrates, justices of the peace, or their deputies, 28
may seek recusal from performing or solemnizing lawful marriages based upon 29
or in a manner consistent with a belief about biological sex or marriage. 30
(2) Any person making a recusal request under subdivision (c)(1) 31
of this section shall provide prior written notice to the state government, 32
and the state government shall not take any discriminatory action against 33
that person wholly or partially on the basis of the recusal. 34
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