Protecting freedom
In a few days Arkansans will vote on Issue 3, the Arkansas Religious Freedom Amendment. The Arkansas Legislature approved Issue 3 in 2021, and referred it to a vote of the people. If Issue 3 passes, the Arkansas Constitution will protect the religious freedom of everyone in Arkansas.
Some people may worry about unintended consequences from passing a measure like Issue 3. But most states have a law, a court ruling, or a constitutional amendment that provides religious liberty protections similar to the provisions in Issue 3. Those laws have worked well in those states. There is no reason to think Issue 3 would be any different for Arkansas.
Arkansas has no specific protection for religious freedom in our state constitution. At best, the constitution contains archaic language addressing rights of conscience. It is unclear how today’s courts would interpret that language. Issue 3 provides clarification. Issue 3 is similar to a religious freedom amendment Alabama passed in 1998 and a religious freedom restoration act the Arkansas General Assembly passed in 2015. Issue 3 writes protections for religious liberty into the state constitution. This will provide better protection for religious freedom in Arkansas.
None of us knows the future. Issue 3 will help protect the free exercise of religion in Arkansas for future generations. We all can hope that no one ever has to use this amendment to defend their religious freedom, but if they ever need to, it will be there. JERRY COX
Little Rock Jerry Cox is executive director of the Family Council Action Committee.