Text of AR HB 1615 (2025)

Stricken language would be deleted from and underlined language would be added to present law. *CEB133* 02/27/2025 8:17:27 AM CEB133 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 2 02/27/2025 8:17:27 AM CEB133 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 3 02/27/2025 8:17:27 AM CEB133 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 4 02/27/2025 8:17:27 AM CEB133 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 5 02/27/2025 8:17:27 AM CEB133 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 6 02/27/2025 8:17:27 AM CEB133 (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 7 02/27/2025 8:17:27 AM CEB133 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 35 36

Stricken language would be deleted from and underlined language would be added to present law. Act 677 of the Regular Session *CEB133* 03-31-2025 11:34:20 CEB133 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 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) 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 34 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 2 03-31-2025 11:34:20 CEB133 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 9 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 29 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 3 03-31-2025 11:34:20 CEB133 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 4 03-31-2025 11:34:20 CEB133 (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 8 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 5 03-31-2025 11:34:20 CEB133 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 6 03-31-2025 11:34:20 CEB133 (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 5 6 APPROVED: 4/16/25 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36