Capitol Notebook: ‘Religious Conscience’ Bill Passes Committee

A House committee approved a bill Tuesday dealing with religious conscience after a lengthy discussion over religious beliefs and constitutional principles.

The House Judiciary Committee approved House Bill 1228, sponsored by Rep. Bob Ballinger, R-Hindsville, with amendment during a meeting at the capitol.

The bill, supporters say, would protect religious liberty while opponents say the bill would open the state up to possible litigation.

“A state action shall not burden a person’s rights to exercise of religion, even if the burden results from a rule of general applicability unless it is demonstrated by clear and convincing evidence that applying the burden to the person’s exercise of religion in this particular instance, is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest,” Ballinger’s bill read.

Opponents of the measure say it could lead to discriminatory practices, while supporters contend the bill protects constitutional rights.

The debate over the issue provided both sides the opportunity to stress their beliefs.

Jerry Cox, an official with the Arkansas Family Council, said he supported the bill and its protections on religious grounds.

Cox said the bill, which has been approved by nearly 30 other states, would “put Arkansas in the mainstream of religious freedom.”

However, Mark Whitmore, chief legal counsel for the Association of Arkansas Counties, said the U.S. Constitution and a 1993 civil rights law in Arkansas already protects religious freedom.

Whitmore also spoke about the potential cost of implementing the law, citing a recent U.S. Supreme Court case from the state involving a Muslim prisoner having the right to grow a beard while incarcerated; and lack of information on the financial impact for counties.

Rep. Matthew Shepherd, R-El Dorado, who chairs the committee, told Whitmore that the legislature is always facing similar issues including “what bills do we not pass that are subject to litigation?”

The bill now goes to the full House.

CURSIVE WRITING
The House Education Committee voted Tuesday morning to require cursive writing to be taught in the state’s elementary schools.

Rep. Kim Hendren, R-Gravette, who sponsored House Bill 1044, said the idea for the bill came after hearing from people talking about a lack of teaching the skill around the state.

There was no opposition to the bill.

Rep. Charlotte Douglas, R-Alma, said she had heard from school officials in her district about the idea and they gave her full support.

Rep. John Walker, D-Little Rock, asked Hendren how the skill would be graded.

Hendren said the state should support the teacher on learning the skill, while the state Department of Education should exercise “some good old-fashioned horse sense” on the issue. The bill now heads to the full House.

SENATE
In the state Senate, Sen. Jimmy Hickey’s measure to move the state lottery under the umbrella of the Department of Finance and Administration advanced.

SB 7 would abolish the independent Lottery Commission and move functions to DFA for executive branch management.

The Senate State Agencies and Governmental Affairs Committee approved the lottery bill, which now heads to the Senate for consideration.

CONSTITUTIONAL PROPOSALS
In other action, a county official may see his term in office extended under a proposed constitutional amendment filed Tuesday.

Sen. Bryan King, R-Green Forest, turned in Senate Joint Resolution 5.

The bill would extend the terms of office for county judges, circuit clerks, county clerks, collectors, sheriffs, assessors, coroners, treasurers and surveyors from two to four years.

The bill would also allow quorum courts to refer to the voters whether or not justices would serve two or four year terms; as well as banning county officials from being elected or appointed to another “civil office under this state.”

Wednesday is the deadline for legislators to turn in proposed amendments to be considered for the 2016 general election.