§ 16-123-603 — Religious discrimination prohibited

(a) The state government shall not take any discriminatory action against a religious organization on the basis of the religious identity or status of the religious organization, including the religious organization maintaining policies and procedures in accordance with a sincerely held religious belief, or the religious organization engaging in religious conduct protected by the First Amendment to the United States Constitution or the Arkansas Constitution unless it is demonstrated that the action against the religious organization in this particular instance is: (1) Essential to further a compelling governmental interest; and (2) The least restrictive means of furthering that compelling governmental interest. (b) The state government shall consider any person for a contract, grant, or agreement that would otherwise be considered for a contract, grant, or agreement but for a determination against the person wholly or partially on the basis that the person maintains policies and procedures, or acts in accordance with, a sincerely held religious belief unless refusal of consideration of the person in this particular instance is: (1) Essential to further a compelling governmental interest; and (2) The least restrictive means of furthering that compelling governmental interest.

Legislative History

Added by Act 2023, No. 733,§ 5, eff. 8/1/2023.