Committee hears plan to enshrine religious-freedom protections in state constitution; Family Council testifies

Little Rock — The Senate committee heard a proposed constitutional amendment that would strengthen protections for the free exercise of religion in the Arkansas Constitution and require that any burden on religious exercise meet strict scrutiny.

Sponsors said the amendment's text would mirror the Religious Freedom Restoration Act (RFRA) standard and place it in the constitution so future legislatures or agencies could not easily alter it. "The right to free exercise of religion is a fundamental right," Representative Gazzaway said during his legal remarks.

Jerry Cox, executive director of Family Council, testified in support, circulated a policy brief and a 10-item list of federal actions he said could threaten religious exercise (including possible reversals of federal religious-liberty guidance and health-policy protections). Cox argued that a constitutional amendment would give state attorneys a stronger basis to push back in litigation and would guide future policymaking. "Once we pass an amendment, it serves as a guide from then on for this body about policy," Cox said.

Committee members asked whether the amendment would duplicate existing protections (Article 2 and state RFRA) and whether elevating certain rights could create conflicts with other constitutional provisions. Senator Ballenger and other members urged careful drafting to avoid inadvertently undermining other parts of Article 2 and recommended lawyers review drafting before any referral. No vote was taken.