Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H3/5/25 H3/11/25 H3/12/25 H3/31/25
2 95th General Assembly A Bill
3 Regular Session, 2025 HOUSE BILL 1615
4
5 By: Representatives Lundstrum, Beaty Jr., A. Brown, R. Burkes, Joey Carr, Hall, Ladyman, Long,
6 McAlindon, Rose, Torres, Unger
7 By: Senator G. Stubblefield
8
9 For An Act To Be Entitled
10 AN ACT TO AMEND THE LAW CONCERNING RELIGIOUS
11 NONDISCRIMINATION; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO AMEND THE LAW CONCERNING RELIGIOUS
16 NONDISCRIMINATION.
17
18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
19
20 SECTION 1. Arkansas Code � 16-123-601 is amended to read as follows:
21 16-123-601. Legislative intent.
22 It is the intent of the General Assembly to prohibit:
23 (1) Prohibit government discrimination against religious
24 organizations based upon the religious organizations' religious identity or
25 conduct;
26 (2) Prohibit the government from discriminating against certain
27 individuals and organizations because of their beliefs regarding marriage or
28 what it means to be female or male; and
29 (3) Ensure that individuals and organizations cannot be
30 compelled, either by the government or through a lawsuit initiated by a
31 private party, to engage in conduct that conflicts with their beliefs or be
32 punished or discriminated against for declining to engage in conduct that
33 conflicts with their beliefs.
34
35 SECTION 2. Arkansas Code � 16-123-602(1)(C), concerning an action
36 taken by the government that constitutes a "discriminatory action" as the
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1 term is used regarding religious nondiscrimination, is amended to read as
2 follows:
3 (C) Withhold, reduce, exclude, terminate, materially alter
4 the terms or conditions of, or otherwise make unavailable, including by
5 inserting contractual provisions that contradict a person's sincerely held
6 religious beliefs, or deny any state grant, state benefit program, contract,
7 subcontract, cooperative agreement, guarantee, loan, scholarship, or other
8 similar benefit from or to such person;
9
10 SECTION 3. Arkansas Code � 16-123-602, concerning the definitions used
11 regarding religious nondiscrimination, is amended to add additional
12 subdivisions to read as follows:
13 (6) "Belief about biological sex or marriage" means a belief
14 based on religious or philosophical premises:
15 (A) Regarding the sex of two (2) individuals who may enter
16 into marriage; or
17 (B) That "male" or "man" or "female" or "woman" refers
18 exclusively to a person's immutable biological sex as objectively determined
19 by anatomy and genetics at the time of birth;
20 (7) "License-seeking student" means a person who is in an
21 educational institution in the state for the purpose of obtaining the
22 necessary educational requirements to engage in an occupation or profession
23 that is licensed or certified by state government; and
24 (8) "Occupational organization" means an entity of which a
25 person or license-seeking student must be a member in order to engage in a
26 specified occupation or profession within the state, including an entity for
27 which exclusion from the entity would substantially impair a person's ability
28 to engage in the occupation or profession.
29
30 SECTION 4. Arkansas Code Title 16, Chapter 123, Subchapter 6, is
31 amended to add additional sections to read as follows:
32 16-123-606. Degrees, licensure, and certification.
33 (a) The state government shall license or certify any person that
34 would otherwise be licensed or certified, respectively, for any purposes
35 under state law but for a determination against the person wholly or
36 partially on the basis that the person believes, maintains policies and
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1 procedures, or acts in accordance with a sincerely held religious belief,
2 including a belief about biological sex or marriage unless it is demonstrated
3 that refusal of the license or certification of the person in this particular
4 instance is:
5 (1) Essential to further a compelling governmental interest; and
6 (2) The least restrictive means of furthering that compelling
7 governmental interest.
8 (b) The state government shall not revoke, decline to renew, or
9 decline to grant a college or graduate degree, license, or certification to a
10 person based upon the inability of the person to assist or provide
11 professional services to a client or potential client in pursuit of goals,
12 outcomes, or behaviors that conflict with a sincerely held religious belief
13 held by the person unless it is demonstrated that the revocation, declination
14 to renew or grant a college or graduate degree, license, or certification of
15 that person in this particular instance is:
16 (1) Essential to further a compelling governmental interest; and
17 (2) The least restrictive means of furthering that compelling
18 governmental interest.
19 (c) As a condition of obtaining or maintaining a college or graduate
20 degree, license, or certification to engage in certain occupations or
21 professions, the state government shall not require a person to be a member
22 of any occupational organization that requires its members to assist or
23 provide professional services to a client or potential client in pursuit of
24 goals, outcomes, or behaviors that conflict with a sincerely held religious
25 belief held by the person unless it is demonstrated that the requirement that
26 the person be a member of the occupational organization in this particular
27 instance is:
28 (1) Essential to further a compelling governmental interest; and
29 (2) The least restrictive means of furthering that compelling
30 governmental interest.
31 (d) A public educational institution within the state shall not
32 require a license-seeking student to assist or provide services to a client
33 or potential client in pursuit of goals, outcomes, or behaviors that conflict
34 with the student's sincerely held religious belief unless it is demonstrated
35 that the requirement that the person assist or provide services in this
36 particular instance is:
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1 (1) Essential to further a compelling governmental interest; and
2 (2) The least restrictive means of furthering that compelling
3 governmental interest.
4 (e) This section does not limit any other rights or protections
5 afforded to a person or a license-seeking student under the Arkansas
6 Constitution, the United States Constitution, state law, or state regulatory
7 authority.
8
9 16-123-607. Beliefs regarding biological sex or marriage.
10 (a) The state government shall not take any discriminatory action
11 against a religious organization or person wholly or partially on the basis
12 that the religious organization or person:
13 (1) Solemnizes or declines to solemnize any marriage, or
14 provides or declines to provide services, accommodations, facilities, goods,
15 or privileges for a purpose related to the solemnization, formation,
16 celebration, or recognition of any marriage, based upon or in a manner
17 consistent with a belief about biological sex or marriage; or
18 (2) Makes any employment-related decision, including a decision
19 whether to hire, terminate, or discipline a person whose conduct or religious
20 beliefs are inconsistent with those of the religious organization, based upon
21 or in a manner consistent with a belief about biological sex or marriage.
22 (b) The state government shall not take any discriminatory action
23 against a person wholly or partially on the basis that the person:
24 (1) Has provided or declined to provide the following services,
25 accommodations, facilities, goods, or privileges for a purpose related to the
26 solemnization, formation, celebration, or recognition of any marriage, based
27 upon or in a manner consistent with a belief about biological sex or
28 marriage:
29 (A) Photography, poetry, videography, disc jockey
30 services, wedding planning, printing, web design, graphic design, publishing,
31 counseling, or similar marriage-related goods or services; or
32 (B) Floral arrangements, dress making, cake or pastry
33 artistry, assembly hall or other wedding venue rentals, car or other vehicle
34 service rentals, jewelry sales and services, or similar marriage-related
35 services, accommodations, facilities, or goods; or
36 (2) Maintains separate dress codes, restrooms, spas, baths,
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1 showers, dressing rooms, locker rooms, or other intimate facilities or
2 settings based on biological sex.
3 (c) The state government shall not take any discriminatory action
4 against a state government employee wholly or partially on the basis that the
5 state government employee lawfully speaks or engages in expressive conduct
6 based upon or in a manner consistent with a belief about biological sex or
7 marriage if the state government employee's speech or expressive conduct
8 occurs:
9 (1) In the workplace consistent with the time, place, manner,
10 and frequency of any other expression of a religious, political, or moral
11 belief or conviction allowed and, within public institutions of higher
12 education, subject to reasonable policies established consistent with � 6-60-
13 1001 et seq. and � 6-60-1401 et seq.; or
14 (2) Outside the workplace in the employee's personal capacity
15 and outside the course of performing work duties.
16 (d)(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 (d)(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 (3) Access to a constitutional right shall not be unduly
26 burdened by a governmental entity due to a recusal request made by a person
27 under subdivision (d)(1) of this section.
28 (e)(1) A person employed or acting on behalf of the state government
29 who has authority to perform or solemnize marriages, including without
30 limitation to judges, magistrates, justices of the peace, or their deputies,
31 may seek recusal from performing or solemnizing lawful marriages based upon
32 or in a manner consistent with a belief about biological sex or marriage.
33 (2) Any person making a recusal request under subdivision (e)(1)
34 of this section shall provide prior written notice to the state government,
35 and the state government shall not take any discriminatory action against
36 that person wholly or partially on the basis of the recusal.
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1 (3) Access to a constitutional right shall not be unduly
2 burdened by a governmental entity due to a recusal request made by a person
3 under subdivision (e)(1) of this section.
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6 03-31-2025 11:34:20 CEB133Every fact on this page links to its source, starting with the official bill record.