Gov. Hutchinson Plots New Course For HB 1228 (UPDATED)

Amidst a national backlash and pressure from corporations and special interest groups, Gov. Asa Hutchinson offered a compromise on HB 1228 – a bill that some championed as supportive of religious freedom, while others say would lead to discrimination against gays and lesbians.

Calling it “divisive,” Hutchinson said, “A bill like this would normally not be controversial in ordinary times, but these are not ordinary times.”

Since last week, Hutchinson and lawmakers have watched similar events unfold in Indiana and Arkansas that have led to protests and widely different interpretations of the Religious Freedom Restoration Act (RFRA).

The bill had made its way through the House and Senate and House again with amendments to mollify supporters of the bill, but the LGBT community never relented in its pressure that the legislation was discriminatory.

On Monday and Tuesday, corporate pressure grew as CEOs of Wal-Mart and Acxiom called on Hutchinson to veto the measure.

In announcing his action on Wednesday, Hutchinson said he was asking for the House to recall the bill and place amendments on it that would mirror the federal law.

He is also exploring an executive order to disallow discrimination to the LGBT community within state government.

Hutchinson said he does not have a commitment from legislators to make the changes he’s requested. When asked, he would not commit to sign or veto the law – a change from his previous position that he intended to sign the measure.

“Making this law like the federal law… was my original objective from the beginning,” he said.

After the press conference, a spokesman for the governor said he intends to sign a RFRA law during this session.

Whether it is the existing bill he’s asked for recall or another piece of legislation with the mirrored federal law is subject to debate.

Hutchinson has said he wants to be known as the “jobs governor” and the perception of HB 1228 is that it would be detrimental to business.

Hutchinson said “this conversation does not end” referring to a potential citizens’ initiative to expand civil rights to the LGBT community that may be on the ballot in 2016.

A day after Wal-Mart CEO Doug McMillon called on Hutchinson to veto HB 1228, the retail giant issued a new statement complimenting the governor and legislature.

“We commend Gov. Hutchinson and legislative leaders for reconsidering HB 1228. We clearly support the importance of religious freedom and encourage the legislature to make certain any legislation does not encourage discrimination,” the release said.

UPDATE: By day’s end, a compromise solution worked its way through the Senate body.

SB 229 and SB 975 – two bills which were parked in Senate Judiciary Committee – were modified with amendments to add the mirror language of the federal Religious Freedom Restoration Act into state statute.

SB 229, with the bill title “To Protect The Rights And Privileges Granted Under The United States Constitution And The Arkansas Constitution; To Declare American Laws For American Courts,” is lead sponsored by Sen. John Cooper, R-Jonesboro.

SB 975, with the bill title “To Amend Arkansas Law Concerning The Ability Of A State, County, Municipal, Or Other Governmental Entity To Regulate The Free Exercise Of Religion,” is sponsored by Sen. Gary Stubblefield, R-Branch, although Stubblefield did not agree to use of his bill for the purpose.

There are reasons for the two bills to have mirror language. One purpose allows for greater flexibility if a sponsor puts the brakes on a bill somewhere in the process. Another reason is that there could be a challenge to the bill titles in the legislature or later in a legal challenge. One bill title may provide a stronger defense if there is a legal challenge.

The two bills cleared the Senate Judiciary Committee on voice votes and were considered in the State Senate.

Senators passed SB 229 by a 26-6 margin and SB 975 by a 26-0 margin.

The bills now head to the House of Representatives for consideration and will likely add another day to the legislative session.