Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Arkansas face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage in Arkansas became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas.
Video LGBT rights in Arkansas
Law regarding same-sex sexual activity
In 1838, Arkansas instituted the first statute against homosexual activity with a provision which read: "Every person convicted of sodomy or buggery will be imprisoned in the state penitentiary for not less than one year nor more than 21 years." This legislation was subsequently amended in 1977 to penalize only homosexual acts, or sexual acts occurring between humans and animals; but in effect decriminalized sodomy by making it a Class A misdemeanor.
In 2002, the Arkansas Supreme Court in Picado v. Jegley found that the state statute that made sexual relations between people of the same gender a criminal act was unconstitutional because the law violated a fundamental right to privacy and failed to provide the equal protection of the laws.
On April 4, 2005, the Arkansas House of Representatives passed, by a vote of 85-0 in favor, SB 984, a bill repealing laws against sexual acts among same-sex couples. On April 7, 2005, the Arkansas State Senate passed the bill, by a vote of 35-0 in favor. Governor Mike Huckabee signed the bill into law. It went into effect on April 12, 2005.
Maps LGBT rights in Arkansas
Recognition of same-sex relationships
Arkansas bans same-sex marriage in both state statute and its state Constitution. These provisions have been ruled unconstitutional and are no longer enforced.
On May 9, 2014, Sixth Judicial Circuit Judge Chris Piazza issued a preliminary ruling in Wright v. Arkansas that found the state Constitution's ban on same-sex marriage unconstitutional. On May 15, he issued a final ruling that enjoined enforcement of the state's statutes prohibiting the licensing and recognition of same-sex marriages as well. The Arkansas Supreme Court stayed his ruling while it heard the appeal in the case.
In another lawsuit in federal court, Jernigan v. Crane, on November 25, 2014, Judge Kristine G. Baker found the state's ban on same-sex marriage unconstitutional and stayed her ruling pending appeal.
On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that bans on same-sex marriage are unconstitutional, effectively legalizing same-sex marriage in the United States. Since then, same-sex couples in Arkansas have been allowed to legally wed.
Adoption and parenting
Arkansas voters approved a ballot measure in November 2008, effective January 1, 2009, to prohibit by statute cohabiting couples who are not in a recognized marriage from adopting and providing foster care. On April 7, 2011, in Arkansas Department of Human Services v. Cole, the Arkansas Supreme Court unanimously found that the measure "fails to pass constitutional muster" because it "directly and substantially burdens the privacy rights of 'opposite-sex and same-sex individuals' who engage in private, consensual sexual conduct in the bedroom by foreclosing their eligibility to foster or adopt children, should they choose to cohabit with their sexual partner."
Birth certificates
In December 2015, a circuit judge found Arkansas' birth certificate law unconstitutional because it unfairly discriminated against same-sex couples. The law allowed the heterosexual non-biological father to be listed on his child(ren)'s birth certificates but refused that right for the homosexual non-biological mother. The state appealed the ruling to the Arkansas Supreme Court. In December 2016, the state's Supreme Court ruled that the birth certificate law was constitutional. Supreme Court Judge Jo Hart wrote: "It does not violate equal protection to acknowledge basic biological truths". On June 26, 2017, the U.S. Supreme Court ruled, in Pavan v. Smith, that the Arkansas Supreme Court's ruling was in clear violation of Obergefell v. Hodges and struck down the state's birth certificate law. In October, the state Supreme Court acknowledged that the state law was unconstitutional and ordered that same-sex couples be treated equally in the issuance of birth certificates.
Discrimination protections
Arkansas law does not address discrimination based on gender identity or sexual orientation.
The city of Eureka Springs prohibits discrimination on the basis of sexual orientation and gender identity in public and private employment. The capital city of Little Rock and several other cities prohibit discrimination on the basis of sexual orientation only in public employment. In February 2017, the Arkansas Supreme Court struck down Fayetteville's anti-discrimination ordinance because it included sexual orientation and gender identity as protected categories. The court found that the ordinance contravened the Intrastate Commerce Improvement Act (see below). Following the ruling, Fayetteville City Attorney Kit Williams said he would focus on challenging the constitutionality of the act.
Intrastate Commerce Improvement Act
On February 9, 2015, the Arkansas State Senate passed, with 24 voting in favor, 8 voting against, and 2 not voting, the Intrastate Commerce Improvement Act, a bill that prohibits counties, municipalities or other political subdivisions in the state from adopting anti-discrimination ordinances that creates a protected classification or prohibits discrimination on a basis not contained in state law. On February 13, 2015, the Arkansas House of Representatives passed, with a 58 in favor, 21 voting against, 14 not voting, and 7 voting present. An emergency clause to the bill was rejected by the House.
Hate crime laws
Arkansas has no hate crime statute that attaches penalties to criminal convictions when motivated by bias, but a state statute does allow victims to sue for damages or seek court-ordered relief for acts of intimidation, harassment, violence, or property damage "where such acts are motivated by racial, religious, or ethnic animosity", not sexual orientation or gender identity.
Gender identity and expression
Arkansas law permits transgender people born in Arkansas to amend their birth certificates upon receipt of a court order verifying that they have undergone sex reassignment surgery and that their names have been changed.
References
Source of article : Wikipedia
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