By Lilly Orum and Delaney Reaves 

The Arkansas Religious Freedom Amendment is the third of four issues on the 2022 Arkansas midterm ballot. Early voting started Oct. 24 and ended Nov. 7. On Election Day (Nov. 8), polls will close at 7:30 p.m. According to the U of A Division of Agriculture Research and Extension, Issue 3 proposes that no “person” may “burden” an individual’s religious freedom unless proven acceptable by the government. The already existing version of state law contains the terminology, “substantial burden,” but this proposed version does not. Therefore, if this amendment is passed, a person may claim that their religious freedom has been burdened and the government wouldn’t be able to measure the burden. 

How would this new amendment differ from current law?

A state level Religious Freedom Restoration Act, was established in 2015 as Act 975. The 2015 act contained more specifications in defining terms such as “burden.” The new amendment would not have any exemptions to local and government facilities like Act 975 contains. If this amendment passes, the United States would not only have these laws for our country, but in place on the AR Constitution as well. The last change would be that this ballot issue would put these restrictions into the Arkansas state constitution. 

What would this amendment do and what would it not do?

A vote for this issue would mean that the person agrees that the state should lessen government involvement regarding religious freedoms. The proposed change would give people the access to make a claim against an organization or people, if they felt their beliefs were burdened. However, a vote against the issue means that the person does not agree with these actions being a part of the law.  

Why the timing? Where did this idea come from and how has it influenced state legislators now?

In 1874, Arkansas residents voted on one of the original religious freedom amendments, stating that all men have the right to worship and no preference should be given by law within these religious beliefs. The current proposed issue was modeled after an Alabama amendment that was voted on in 1998. The Alabama example is the only religious freedom amendment that is on a state constitution. If Issue 3 is passed, that would mean that Arkansas would be the second state to have an amendment like this on its state constitution. 

Who are the sponsors of this amendment?

State Rep. Jimmy Gazaway and State Sen. Jason Rapert sponsored this amendment. They were not available for comment for the article. 

What do supporters and opponents say?

Supporters aim to secure and preserve religious freedom in Arkansas which they feel may come and go if action is not taken. They also hope to see religious freedom enforcement locally as well as statewide. Opponents are concerned that by simply stating that someone is burdening their religious freedom, this simple act could  allow for abuse of power. The difficulty of interpreting without a straightforward way of measuring how much a burden is could impact the people more negatively. 

What happens if the legislation passes?

This amendment doesn’t define what a person or burden exactly means for this issue. With the language in this amendment changing from “substantial burden” to “burden,”  it makes it very difficult to know how the meaning of burden will be determined.

Works Cited

Alabama Freedom of Religion, Amendment 8 (1998). Ballotpedia. (n.d.). Retrieved October 24,

2022, from https://ballotpedia.org/Alabama_Freedom_of_Religion,_Amendment_8_(1998) 

Facts about Arkansas ballot issue 3: 2022 Arkansas ballot issues. Facts about Arkansas Ballot

Issue 3 | 2022 Arkansas Ballot Issues. (n.d.). Retrieved October 24, 2022, from https://www.uaex.uada.edu/business-communities/voter-education/issue3.aspx 

Gazaway, J., & Rapert, J. (2021, April 22). SJR14 Issue 3 Arkansas 2022 Midterm ballot.

“Arkansas Religious Freedom Amendment”. Retrieved October 24, 2022, from https://www.arkleg.state.ar.us/Bills/FTPDocument?path=%2FBills%2F2021S2%2FPublic%2FSB1.pdf 

Little Rock, U. of A. (n.d.). Facts about Arkansas ballot issue 3: 2022 Arkansas ballot issues.

Facts about Arkansas Ballot Issue 3 | 2022 Arkansas Ballot Issues. Retrieved October 24, 2022, from https://www.uaex.uada.edu/business-communities/voter-education/issue3.aspx 

Representative Jimmy Gazaway (R). Arkansas State Legislature. (n.d.). Retrieved October 24,

2022, from https://www.arkleg.state.ar.us/Legislators/Detail?member=Gazaway&ddBienniumSession=2021%2F2021R