(AP) – Arkansas Supreme Court justices, former Baxter County Circuit Judge Shawn Womack and Position Seven Associate Justice Rhonda Wood, have questioned whether a city’s ordinance banning discrimination based on sexual orientation or gender identity flies in the face of a 2015 state law that was intended to prevent local LGBT protections.
An attorney for the state asked the court Thursday to strike down the
anti-discrimination ordinance Fayetteville voters approved, saying it clearly violates the law from a few months earlier that intended to ban such ordinances.
The state also asked justices to uphold the Arkansas law preventing cities from banning discrimination on a basis not contained in state law. Arkansas’ civil rights law does not cover sexual orientation or gender identity.
Justices questioned Fayetteville’s argument that the ordinances are allowed since other portions of state law include protections for lesbian, gay, bisexual and transgender people.
Justice Womack noted that property owners are also given rights in other parts of state law. He questioned whether the court was being asked to strike down the traditional ideas of what a protected class is and adopt a blanket policy for anyone who is offered any type of protection under state law to be designated a protected class.
Justice Rhonda Wood also expressed skepticism about the city’s argument, noting the 2015 law said it’s purpose was to prevent anti-discrimination protections across the state.
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