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[GK86]

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The Arkansas Supreme Court has struck down a local law that protected people in the city of Fayetteville from discrimination on the basis of sexual orientation or gender identity.

Arkansas is one of a handful of states where it is illegal for local governments to pass anti-discrimination laws that cover classes of people not already protected under state law.

A February 2015 Arkansas law made it illegal for "a county, municipality, or other political subdivision of the state" to adopt any law that "creates a protected classification or prohibits discrimination on a basis not contained in state law."

Multiple cities, including Fayetteville, subsequently passed laws that expanded local protections to include sexual orientation and gender identity.

The name of the Fayetteville ordinance nods to the state law. Approved by the City Council in June 2015, it's called "An Ordinance To Ensure Uniform Nondiscrimination Protections Within The City of Fayetteville For Groups Already Protected To Varying Degrees Throughout State Law." It was approved by voters in September of that year.

In a unanimous ruling on Thursday, the state Supreme Court wrote:

"The Ordinance specifically states that its purpose is to 'extend' discrimination to include 'sexual orientation and gender identity.' In essence, [the city ordinance] is a municipal decision to expand the provisions of the Arkansas Civil Rights Act to include persons of a particular sexual orientation and gender identity. This violates the plain wording of [the state law] by extending discrimination laws in the City of Fayetteville to include two classifications not previously included under state law."
Lawyers defending the city had unsuccessfully argued that because discrimination on the basis of gender identity and sexual orientation are addressed in a state antibullying statute, the Fayetteville ordinance was legal.

Fayetteville City Attorney Kit Williams told The Associated Press that he will now focus on challenging the constitutionality of the state's 2015 law in the lower court.

"They can't ... prevent the city from enacting protections for its gay and lesbian residents," Williams said.

 

[Pai Pai Master]

Here we go...Please be safe everyone.

 

[Jazz573]

This thread really should be higher up than it is. As a Canadian, this is really horrifying to me.

 

[Toxi]

This thread really should be higher up than it is. As a Canadian, this is really horrifying to me.

As an American, it's depressingly normal.

 

[Evil Monkey DTT]

The fact we live in an era was any form of discrimination is okay, I'm ashamed of the world I live in. Fuck this probully behavior the world has become in favor of!

 

[Operations]

Arkansas is one of a handful of states where it is illegal for local governments to pass anti-discrimination laws that cover classes of people not already protected under state law.

Why would anyone create such laws in the first place?

 

[excelsiorlef]

Why would anyone create such laws in the first place?

To prevent cities from protecting LGBT folk.

 

[GameAddict411]

A backward state with backward laws. How can they even justify this?

 

[Dead Man]

A February 2015 Arkansas law made it illegal for "a county, municipality, or other political subdivision of the state" to adopt any law that "creates a protected classification or prohibits discrimination on a basis not contained in state law."

What the fuck is this hateful shit? Jesus Christ.

 

[Surface of Me]

Read it as Arizona at first, such a dystopian place that state is.

 

[Kalentan]

What the fuck is this hateful shit? Jesus Christ.

How does that even exist??

 

[- J - D -]

A backward state with backward laws. How can they even justify this?

Religious freedom, obviously.

 

[SpaceCadetKeon]

My state is so fucking backwards. There was absolutely no reason to strike this down other than out of sheer vindictiveness. I fear for my fellow LGBT brothers and sisters living here.

 

[Deleted member 10571]

As a non-native speaker, I'm not sure I really understand the whole thing. Can someone give me a short explanation for idiots so I don't get this wrong?

What I got from it is that Arkansas is prohibiting singular counties etc located in Arkansas to develop or rule their own laws that aren't covered by general Arkansas law, and this only affects any kind of discrimination law?

If so, is this in any way common in state law? Can states usually create own legislation for specific cases?

And if so, what the fuck is this law's excuse even if not "Yo we hate literally every group discriminated against and we don't want you to protect them"?

 

[toddhunter]

A backward state with backward laws. How can they even justify this?

The same way they justified the marital rape anti-abortion law

 

[Monocle]

What bullshit. These people are straight up evil.

 

[hodayathink]

If I'm reading all this correctly, this should have been part of the plan from the city all along. State court was never going to rule in their favor, this is something that they'd be looking to get heard at the federal level, possibly all the way up to the Supreme Court.

Edit: Mind you, this is one of those things that we already know Trump's nominee would probably rule on the Repub/conservative side for (he ruled for Hobby Lobby in that case, after all), so it'd be about where the swing votes stood on this issue.

 

[Lord Frieza]

Arkansas sure is gunning for being about the worst piece of shit in the union.

 

[Derwind]

"The Ordinance specifically states that its purpose is to 'extend' discrimination to include 'sexual orientation and gender identity.' In essence, [the city ordinance] is a municipal decision to expand the provisions of the Arkansas Civil Rights Act to include persons of a particular sexual orientation and gender identity. This violates the plain wording of [the state law] by extending discrimination laws in the City of Fayetteville to include two classifications not previously included under state law."
Lawyers defending the city had unsuccessfully argued that because discrimination on the basis of gender identity and sexual orientation are addressed in a state antibullying statute, the Fayetteville ordinance was legal.

Well when you look at the spectrums that exist within the lbgtq community as a choice rather than something you're born with I can understand why their hateful asses wouldn't want to protect the civil rights of lgtbq people.

 

[Andrew Korenchkin]

Shame such a beautiful natural state has such shitty politics.

 

[le.phat]

The fact we live in an era was any form of discrimination is okay, I'm ashamed of the world I live in. Fuck this probully behavior the world has become in favor of!

Let's not pretend that the entirety of the world is as collectively ignorant as the the US.

 

[Derwind]

Let's not pretend that the entirety of the world is as collectively ignorant as the the US.

True and those place that are more ignorant than the US don't consistently proclaim they are the champion of freedom & equality.

Shit holes(politically speaking) are at least honest about it.