Arkansas Issue 3, Government Burden Of Free Exercise Of Religion Amendment (2022)
From Ballotpedia | Arkansas Issue 3 | |
|---|---|
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| Election date November 8, 2022 | |
| Topic Religion | |
Status Defeated | |
| Type Constitutional amendment | Origin State legislature |
Arkansas Issue 3, the Government Burden of Free Exercise of Religion Amendment, was on the ballot in Arkansas as a legislatively referred constitutional amendment on November 8, 2022. The measure was defeated.
A "yes" vote supported amending the state constitution to provide that "government shall not burden a person's freedom of religion even if the burden results from a rule of general applicability." |
A "no" vote opposed amending the state constitution to provide that "government shall not burden a person's freedom of religion even if the burden results from a rule of general applicability." |
Election results[edit]
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Arkansas Issue 3 |
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| Result | Votes | Percentage | ||
| Yes | 433,473 | 49.59% | ||
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440,686 | 50.41% | ||
Overview[edit]
What would Issue 3 have done?
The measure would have amended the state constitution to provide that the government cannot burden a person’s freedom of religion— including burdens resulting from a rule of general applicability— except if the government demonstrates that the burden is necessary to further a compelling government interest using the least restrictive means of furthering that interest. The measure would have allowed a person to cite this amendment as a claim or defense in a judicial, administrative, or other proceeding to obtain relief against the government.[1]
The measure would have provided that free exercise of religion means the exercise of religion under Section 24 of Article 2 of the Arkansas Constitution, which provides that "All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect, or support any place of worship; or to maintain any ministry against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship, above any other."
The amendment would have been named the Arkansas Religious Freedom Amendment in the state constitution. The constitutional amendment would have stated that the purpose of the amendment was to "guarantee that the freedom of religion is not burdened by state and local law" and "provide a claim or defense to persons whose religious freedom is burdened by government."
The amendment was modeled on the United States Religious Freedom Restoration Act (RFRA), which was signed into law by President Bill Clinton (D) in 1993. The federal law was found to be inapplicable to state laws by the U.S. Supreme Court in 1997. As of 2022, 21 states had enacted a RFRA law applicable to the state's own laws.
What did supporters and opponents say about this amendment?[edit]
- See also: Support and Opposition
State Rep. Jimmy Gazaway (R), the amendment’s sponsor in the House, said, "There may come a day when you wish you had these protections in the Arkansas Constitution." According to Arkansas Online, Gazaway said that the amendment "would provide a stronger protection for religious freedom because it would only have to be proven that the government was burdening religious liberty, not that it was a substantial burden."[2] Rep. Mary Bentley (R) said, "We have executive branches come and executive branches go, and I don't want an executive branch that changes our law. Governors have really done things to infringe on people's religious freedoms, and I don't want that to happen in the future."[3]
Alison Gill, vice president of legal and policy matters at American Atheists, said, "There were at least four major waves of harmful legislation propagated in 2021: anti-trans youth legislation, religious exemptions to COVID-related public health protections, broad denial-of-care bills, and bills that undermine abortion access. ... Religious Freedom Restoration Act (RFRA) measures at the state level create a limited exemption from state laws whenever religious organizations say that their activities are burdened. RFRAs have been used to attack nondiscrimination protections, access to contraception and abortion, and even child labor laws. In the wake of the pandemic and state-imposed public health restrictions, activists have rebranded these bills as necessary to protect churches from government overreach."[4]
How were religious gatherings affected by executive orders and laws stemming from COVID?[edit]
On March 11, 2020, Arkansas Governor Asa Hutchinson (R) declared a state of emergency due to the COVID-19 (coronavirus) pandemic. On March 26, 2020, Hutchinson issued executive order 20-10 prohibiting confined indoor and outdoor gatherings of 10 or more people, though the order did not apply to businesses, places of worship, or governing bodies. On April 4, 2020, Hutchinson issued executive order 20-13, which instructed businesses and places of worship to limit the number of people in a building so that a distance of 6 feet could be maintained between all occupants.[5][6]
The Arkansas State Legislature passed House Bill 1211 during the 2021 legislative session. The bill prohibits the governor from limiting a religious organization from holding religious services during a disaster emergency. Under the bill, a governor can require religious organizations to comply with "neutral health, safety, or occupancy requirements" under state or federal law if such requirements apply to all other organizations and businesses. It also states that the governor cannot enforce health, safety, or occupancy requirements that "impose a substantial burden on a religious organization" unless the governor demonstrates that the requirements are essential to further a compelling governmental interest and are the least restrictive means of doing so. The bill allows religious organizations to file lawsuits against the governor seeking declaratory, injunctive, and/or compensatory relief from a court if they feel that the law has been violated.[7]
The bill includes an emergency clause, stating, "It is found and determined by the General Assembly of the State of Arkansas that the coronavirus 2019 (COVID-19) pandemic and response of the executive branch to the coronavirus 2019 (COVID-19) pandemic have highlighted the need to address the constitutional rights of the citizens of Arkansas, particularly the right to the free exercise of religion; that this act prohibits government interference with the free exercise of religion during a disaster emergency such as the current pandemic; and that this act is immediately necessary to ensure the protection of the constitutional rights of Arkansans to freely exercise religion."[7]
How did this amendment get on the ballot?[edit]
- See also: Path to the ballot
To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Arkansas State Senate and the Arkansas House of Representatives.
The amendment was sponsored by Sen. Jason Rapert (R) and Rep. Jimmy Gazaway (R). The measure was passed in the Senate on April 22, 2021, and in the House on April 27, 2021. The measure was passed along party lines with Republicans in favor and Democrats against. Representative Josh Miller was the only Republican legislator to vote against the amendment. Senator Larry Teague was the only Democratic legislator to vote in favor of the amendment.[1]
Text of measure[edit]
Popular name[edit]
The popular name was as follows:[1]
| “ | A Constitutional Amendment to Create the "Arkansas Religious Freedom Amendment."[8] | ” |
Ballot title[edit]
The ballot title was as follows:[1]
| “ | An amendment to the Arkansas Constitution to create the "Arkansas Religious Freedom Amendment"; and to provide that government may never burden a person's freedom of religion except in the rare circumstance that the government demonstrates that application of the burden to the person is in furtherance of a compelling government interest and is the least restrictive means of furthering that compelling government interest.[8] | ” |
Constitutional changes[edit]
- See also: Amendments, Arkansas Constitution
The measure would have added a new amendment to the Arkansas Constitution. The following struck-through text would have been deleted and underlined text would have been added.
Note: Use your mouse to scroll over the text below to see the full text.
SECTION 2. (a) The General Assembly finds:
(b) The purpose of this amendment is to:
SECTION 3. As used in this amendment:
SECTION 4. (a) Except as provided in subsection (b) of this section, government shall not burden a person's freedom of religion even if the burden results from a rule of general applicability.
SECTION 5. (a) This amendment applies to each rule of government and its implementation, regardless of whether the rule:
SECTION 6.
SECTION 7. EFFECTIVE DATE. This amendment shall be effective on and after November 9, 2022.[8] |
Readability score[edit]
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 17, and the FRE is -6. The word count for the ballot title is 10.
The FKGL for the ballot summary is grade level 31, and the FRE is -13. The word count for the ballot summary is 63.
Support[edit]
Supporters[edit]
Officials
- House Sponsor Jimmy Gazaway (R)
Organizations
Arguments[edit]
Opposition[edit]
Opponents[edit]
Organizations
Arguments[edit]
Media editorials[edit]
- See also: 2022 ballot measure media endorsements
Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.
Support[edit]
Submit links to editor@ballotpedia.org.
Opposition[edit]
Campaign finance[edit]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
Polls[edit]
- See also: 2022 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
| Arkansas Issue 3, Government Burden of Free Exercise of Religion Amendment (2022) | ||||||
|---|---|---|---|---|---|---|
| Talk Business & Politics-Hendrix College | 10/17/2022-10/18/2022 | 974 LV | ± 3.9% | 36% | 39% | 25% |
| Question: "Issue 3, known as the “Arkansas Religious Freedom Amendment”, states that state government may never burden a person’s freedom of religion except in the rare circumstance that the government demonstrates that application of the burden to the person is in furtherance of a compelling government interest and is the least restrictive means of furthering that compelling government interest. If the election were held today, would you vote for or against Issue 3?" | ||||||
| Talk Business & Politics-Hendrix College | 09/12/2022 | 835 LV | ± 3.8% | 32.5% | 34.5% | 33% |
| Question: "Issue 3, known as the “Arkansas Religious Freedom Amendment”, states that state government may never burden a person’s freedom of religion except in the rare circumstance that the government demonstrates that application of the burden to the person is in furtherance of a compelling government interest and is the least restrictive means of furthering that compelling government interest. If the election were held today, would you vote for or against Issue 3?" | ||||||
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.
Background[edit]
Article 2, Arkansas Constitution[edit]
The current constitution of Arkansas, in Section 24 of Article 2, titled Religious Liberty, states:[9]
| “ | All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect, or support any place of worship; or to maintain any ministry against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship, above any other.[8] | ” |
Executive orders issued due to COVID-19 in Arkansas[edit]
On March 11, 2020, Arkansas Governor Asa Hutchinson (R) declared a state of emergency due to the COVID-19 (coronavirus) pandemic. On March 26, 2020, Hutchinson issued executive order 20-10 prohibiting confined indoor and outdoor gatherings of 10 or more people, though the order did not apply to businesses, places of worship, or governing bodies. On April 4, 2020, Hutchinson issued executive order 20-13, which instructed businesses and places of worship to limit the number of people in a building so that a distance of 6 feet could be maintained between all occupants.[10][11]
Arkansas House Bill 1211 (Act 94), 2021[edit]
The Arkansas State Legislature passed House Bill 1211 during the 2021 legislative session. The bill prohibits the governor from limiting a religious organization from holding religious services during a disaster emergency. Under the bill, a governor can require religious organizations to comply with "neutral health, safety, or occupancy requirements" under state or federal law if such requirements apply to all other organizations and businesses. It also states that the governor cannot enforce health, safety, or occupancy requirements that "impose a substantial burden on a religious organization" unless the governor demonstrates that the requirements are essential to further a compelling governmental interest and are the least restrictive means of doing so. The bill allows religious organizations to file lawsuits against the governor seeking declaratory, injunctive, and/or compensatory relief from a court if they feel that the law has been violated.[7]
The House passed the bill by a vote of 75-10, with 15 members not voting. Among Republican representatives, 75 voted in favor, five did not vote, and none voted against. Among Democratic representatives, two voted in favor, 10 voted against, and 10 did not vote. The bill was passed unanimously in the Senate with four Democratic senators not voting. The bill took effect on February 10, 2021, without the governor's signature.[7]
The bill includes an emergency clause, stating, "It is found and determined by the General Assembly of the State of Arkansas that the coronavirus 2019 (COVID-19) pandemic and response of the executive branch to the coronavirus 2019 (COVID-19) pandemic have highlighted the need to address the constitutional rights of the citizens of Arkansas, particularly the right to the free exercise of religion; that this act prohibits government interference with the free exercise of religion during a disaster emergency such as the current pandemic; and that this act is immediately necessary to ensure the protection of the constitutional rights of Arkansans to freely exercise religion."[7]
History of the Religious Freedom Restoration Act (RFRA)[edit]
Employment Division v. Smith, 1990[edit]
In Employment Division v. Smith of 1990, the U.S. Supreme Court ruled that rights under the free exercise of religion clause of the First Amendment are not violated when laws of general applicability conflict with a person's religion. In this case, the Supreme Court held that the state of Oregon could deny unemployment benefits to an individual who was fired for illegally using the hallucinogenic drug peyote, despite the drug being used as part of a religious ritual.[12][13]
United States Religious Freedom Restoration Act (RFRA) of 1993[edit]
The United States Congress passed and President Bill Clinton (D) signed House Resolution 1308, the Religious Freedom Restoration Act (RFRA), in 1993.
The text of the act is as follows:
City of Boerne v. Flores, 1997[edit]
In City of Boerne v. Flores of 1997, the United States Supreme Court ruled that the 1993 Religious Freedom Restoration Act could not be applied to state laws. In 2000, the U.S. RFRA was amended to limit its applicability to federal laws.[14]
State RFRA laws[edit]
According to Becket Law, the following 21 states had adopted an RFRA law applicable to the state's own laws as of 2021.[15]
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Arkansas and Indiana enacted RFRA laws in 2015.[16]
[edit]
Ballotpedia’s coverage of COVID-19 included how federal, state, and local governments responded, and how those responses influenced election rules and operations, political campaigns, the economy, schools, and more.
To read about lawsuits concerning state actions and policies in response to the coronavirus (COVID-19) pandemic, including those surrounding exercise of religion, click here.
[edit]
Ballotpedia tracked ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Some of these changes, such as state constitutional amendments, required ballot measures for ratification. Others were citizen-initiated proposals, meaning campaigns collect signatures to put policies and laws on the ballot for voters to decide. A list of measures related to COVID-19 can be found here.
Texas Proposition 3, which was approved in 2021, amended the state constitution to prohibit the state or any political subdivision from enacting a law, rule, order, or proclamation that limits religious services or organizations.
Path to the ballot[edit]
- See also: Amending the Arkansas Constitution
To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Arkansas State Senate and the Arkansas House of Representatives.
The amendment was passed in the Senate on April 22, 2021, by a vote of 27-4 with four members absent or not voting. The House passed the amendment on April 27, 2021, by a vote of 75-19 with six members absent or not voting. The measure was passed along party lines with most Republicans in favor and Democrats against. Republican Representative Josh Miller was the only Republican legislator to vote against the amendment. Larry Teague was the only Democratic legislator to vote in favor of the amendment.[1]
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How to cast a vote[edit]
- See also: Voting in Arkansas
Click "Show" to learn more about voter registration, identification requirements, and poll times in Arkansas.
| How to cast a vote in Arkansas | |||||
|---|---|---|---|---|---|
Poll times[edit]In Arkansas, all polls are open from 7:30 a.m. to 7:30 p.m. on Election Day. An individual who is in line at the time polls close must be allowed to vote.[17] Registration requirements[edit]
To vote in Arkansas, one must be a citizen of the United States and a resident of Arkansas. A voter must be 18 years of age or older on or before Election Day, not be a convicted felon whose sentence has not been discharged or pardoned, and not be adjudged as mentally incompetent.[18] Registration must be completed no later than 30 days before the election in which a voter wishes to participate. Citizens must complete and submit a voter registration application to their county clerk or other authorized voter registration agency. For voters that submit applications by mail, the date of postmark will be considered the submission date. Applications may be obtained at the following locations:[18]
Automatic registration[edit]Arkansas does not practice automatic voter registration. Online registration[edit]
Arkansas does not permit online voter registration. Same-day registration[edit]Arkansas does not allow same-day voter registration. Residency requirements[edit]Arkansas law requires 30 days of residency in the state before a person may vote. Verification of citizenship[edit]Arkansas does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who provides false information "may be subject to a fine of up to $10,000 and/or imprisonment of up to 10 years under state and federal laws."[19] All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[20] As of November 2024, five states — Alabama, Arizona, Georgia, Kansas, and New Hampshire — had passed laws requiring verification of citizenship at the time of voter registration. However, only two of those states' laws were in effect, in Arizona and New Hampshire. In three states — California, Maryland, and Vermont — at least one local jurisdiction allowed noncitizens to vote in some local elections as of November 2024. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration[edit]The site Voter View, run by the Arkansas Secretary of State's office, allows residents to check their voter registration status online. Voter ID requirements[edit]Arkansas requires voters to present photo identification while voting. The identification must include the voter’s name and photograph. It must be issued by "the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas." If the identification has an expiration date on it, it cannot be expired for "more than four (4) years before the date of the election in which the voter seeks to vote."[18] The following list of accepted ID was current as of July 2024. Click here for the Arkansas Secretary of State's page on accepted ID to ensure you have the most current information.
"A person who is a resident of a long-term care or residential care facility licensed by the state of Arkansas is not required to verify his or her registration by presenting a document or identification card as described above when voting in person, but must provide documentation from the administrator of the facility attesting that the person is a resident of the facility," according to the Arkansas Secretary of State’s office.[18] Voters can obtain a voter verification card at their county clerk's office: "[V]oters will be required to complete an affidavit stating they do not possess such identification, and must provide documentation containing their full legal name and date of birth, as well as documentation containing their name and residential address."[21] | |||||
See also[edit]
External links[edit]
Footnotes[edit]
- ↑ 1.0 1.1 1.2 1.3 1.4 Arkansas State Legislature, "SJR 14," accessed April 27, 2021
- ↑ Arkansas Online, "House committee advances religious liberty amendment," accessed May 17, 2021
- ↑ Arkansas Online, "Religious freedom amendment to go to public vote," accessed August 2, 2021
- ↑ Salon, "The Christian nationalist assault on democracy goes stealth — but the pushback is working," accessed July 24, 2021
- ↑ Arkansas Governor, "Executive Order 20-10," accessed July 24, 2021
- ↑ Arkansas Governor, "Executive Order 20-13," accessed July 24, 2021
- ↑ 7.0 7.1 7.2 7.3 7.4 LegiScan, "Arkansas House Bill 1211," accessed July 17, 2021
- ↑ 8.0 8.1 8.2 8.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Text of Article 1 Section 24
- ↑ Arkansas Governor, "Executive Order 20-10," accessed July 24, 2021
- ↑ Arkansas Governor, "Executive Order 20-13," accessed July 24, 2021
- ↑ Wikipedia, "Employment Division v. Smith," accessed July 24, 2021
- ↑ BJC Online, "The evolution of RFRA," accessed July 24, 2021
- ↑ Brittanica, "Religious Freedom Restoration Act," accessed July 24, 2021
- ↑ Becket Law, "FEDERAL & STATE RFRA MAP," accessed July 24, 2021
- ↑ NCSL, "State Religious Freedom Restoration Acts," accessed July 24, 2021
- ↑ Arkansas Code, "Title 7, Chapter 5, Subchapter 304," accessed April 3, 2023
- ↑ 18.0 18.1 18.2 18.3 Arkansas Secretary of State, "Voter Registration Information," accessed July 29, 2024
- ↑ Arkansas Secretary of State, "Arkansas Voter Registration Application," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Arkansas Secretary of State, "Frequently Asked Questions," accessed July 29, 2024
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