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Arkansas Supreme Court Weighs Future Of Fayetteville's LGBT Protections

Associate Justice Karen Baker, Chief Justice Dan Kemp and Associate Justice Courtney Goodson listen as Fayetteville City Attorney Kit Williams makes his arguments before the court Thursday morning.
courts.arkansas.gov
Associate Justice Karen Baker, Chief Justice Dan Kemp and Associate Justice Courtney Goodson listen as Fayetteville City Attorney Kit Williams makes his arguments before the court Thursday morning.
Associate Justice Karen Baker, Chief Justice Dan Kemp and Associate Justice Courtney Goodson listen as Fayetteville City Attorney Kit Williams makes his arguments before the court Thursday morning.
Credit courts.arkansas.gov
Associate Justice Karen Baker, Chief Justice Dan Kemp and Associate Justice Courtney Goodson listen as Fayetteville City Attorney Kit Williams makes his arguments before the court Thursday morning.

The Arkansas Supreme Court heard oral arguments Thursday concerning Fayetteville’s anti-discrimination ordinance which includes protections for sexual orientation and gender identity. Justices questioned whether the city ordinance, passed by voters there in September 2015, conflicts with a state law passed earlier that year which bans cities and counties from enacting protections not contained in the state's civil rights law.

Washington County Circuit Judge Doug Martin upheld the city's ordinance in March 2016, ruling that laws regarding bullying and domestic violence could also be applied to ordinances like the one approved in Fayetteville.  That ruling was debated Thursday before the state's high court, with arguments pivoting on what constitutes an existing protected class in the state constitution.

Arkansas Solicitor General Lee Rudofsky presenting his arguments to the court Thursday.
Credit courts.arkansas.gov
Arkansas Solicitor General Lee Rudofsky presenting his arguments to the court Thursday.

Arkansas Solicitor General Lee Rudofsky said the law was designed to provide consistent standards which is best for business. He argued the city ordinance clearly conflicts with the state law.

"The city's interpretation of the act, however, would neuter it, leaving the act unable to require statewide uniformity and unable to prevent a patchwork of varying laws in the 500-plus localities in Arkansas. That interpretation, adopted by the circuit court below is plain wrong," Rudofsky said. "The plain meaning of the act is that localities cannot prevent different discrimination protections than the state has chosen to provide."

Fayetteville City Attorney Kit Williams argued justices should not weigh in on whether the state law is constitutional since that wasn't addressed in the circuit court's ruling.

Fayetteville City Attorney Kit Williams answering questions from Arkansas Supreme Court justices Thursday.
Credit courts.arkansas.gov
Fayetteville City Attorney Kit Williams answering questions from Arkansas Supreme Court justices Thursday.

"I'm not here to argue the constitutionality of this particular statute because it's not properly before you," Williams said. "This is a vital issue in this state. This issue is not going to go away."

Since 2015, Little Rock, Hot Springs, Eureka Springs, and Pulaski County have also expanded non-discrimination ordinances.

While questioning Williams, Associate Justice Rhonda Wood said there was no ambiguity in the state law.

"The legislature included their intent. This isn't where we have to guess what their intent was," Wood said. "Their specific intent was to avoid having cities with different ordinances with different protections and different discriminations across the state."

The law was passed by the Arkansas Legislature in February 2015. At the time Gov. Asa Hutchinson raised concerns that it was infringing on local control, but didn't veto the bill. He also didn't sign the bill, allowing it to automatically become law after a five-day window.

Arkansas is one of three states that have enacted state laws banning non-discrimination ordinances at the local level. The others are North Carolina and Tennessee.

Copyright 2020 KUAR. To see more, visit KUAR.

As News Director, Michael Hibblen oversees daily news coverage for KUAR. He handles assignments for the news staff, helps develop story ideas and edits copy. Michael isresponsible for starting a news-sharing partnership between public radio stations in Arkansas in 2009 which laid the foundation for what became Arkansas Public Media. He is also a regular panelist and fill-in host on AETN's Arkansas Week, where journalists discuss issues in the news.
Sarah Whites-Koditschek is a Little Rock-based reporter for Arkansas Public Media covering education, healthcare, state politics, and criminal justice issues. Formerly she worked as a reporter and producer for WHYY in Philadelphia, and was an intern and editorial assistant for Morning Edition at National Public Radio in Los Angeles and Washington D.C.