Arkansas' legislative session came to an end embroiled in debate over religious freedom and discrimination.
When it began, the session -- and the state's new Republican governor -- focused on the future of the private option for Medicaid expansion and on tax cuts; but social issues commanded their attention as the 2015 session raced to an end last week.
Lawmakers, at the urging of Gov. Asa Hutchinson, made quick changes in what is now Arkansas' version of the federal Religious Freedom Restoration Act.
They also recalled a bill passed earlier (House Bill 1228) that opponents said opened the door for discrimination against gays, lesbians and others.
The religious freedom legislation does not address actions by businesses or individuals, only by state and local government. Because the federal RFRA does not extend to the states, many have adopted their own versions. Other such efforts, however, were not attended with such controversy as here and in Indiana.
By session's end, there is general agreement from fan and foe alike that Arkansas' new law offers less opportunity for discrimination than the one the Legislature first passed.
And Hutchinson believes the state's image actually benefited from the debate.
"I think it enhanced religious freedom in this state. I think it showed that we want to be balanced and recognize the diversity of the workforce and American culture," the governor said.
We'll see about that.
Bad perceptions have a way of lingering, as the lessons of 1957 Little Rock have certainly taught this state.
This latest flare-up over discrimination isn't as egregious. It didn't bring federal troops to schoolhouse doors, but it is cause for concern about how Arkansas is being perceived.
Indiana and Arkansas have been linked for days in national news reports that suggest the states harbor opportunity for discrimination against gays and lesbians.
Maybe the news that both states changed their laws will reach all those who heard the earlier message. Maybe it won't.
Then there is another reality. What Arkansas did not do -- but Indiana did -- is to include in its revised bill a specific bar to use of its law to discriminate based on sexual orientation.
Indiana, which had passed the offending legislation before Arkansas did, faced a more furious storm of protest. So maybe that's why lawmakers there were willing to spell out that they were not permitting discrimination with passage of their religious freedom law.
In Arkansas, the debate is not over.
When the first version of the Arkansas law reached Hutchinson's desk, the governor, who had earlier said he would sign it, instead sent it back to lawmakers, urging changes.
He had listened to a chorus of complaints from Arkansas people, including hundreds who lined the halls of the Capitol and a number of powerful corporate voices, Wal-mart and Acxiom among them.
Ultimately, the Legislature listened, too.
That's the good news.
Still, in its recruitment of business and industry, Arkansas will have to prove it is as tolerant as Hutchinson claimed last week as he extolled the new bill.
Hutchinson learned a lesson about agreeing to sign a bill before it reaches his desk. Thinking he knew what would be in the bill proposed by state Rep. Bob Ballinger, R-Hindsville, the governor had said he'd sign it and may have helped it get through the legislative process in early stages.
When the debate flared over House Bill 1228, he backed off the bill, suggested he might sign an executive order to keep state agencies from discriminating in the workplace on the basis of sexual discrimination and eventually helped secure passage of compromise legislation.
Hutchinson handled the situation adroitly, considering solid majorities in both houses of the Legislature had approved the first version of the religious freedom law.
He somehow managed to convince the strongest advocates, including Ballinger, to accept the new version built to mirror the federal law and be less controversial.
The governor has since backed off the idea of an executive order on point, saying the law is sufficient now.
Again, we'll see about that.
What happened this year over the Indiana and Arkansas laws to protect religious freedom is part of a much larger change in American culture. More and more people are unwilling to allow or encourage discrimination based on sexual orientation.
Some Arkansas cities demonstrated as much with passage of local laws, although the state Legislature this year took away authority for such.
And gay rights proponents will circulate a ballot initiative for the 2016 November election to add the anti-discrimination language to Arkansas civil rights laws.
While the compromise on the religious freedom bill calmed the situation, the discrimination debate is hardly over.
Brenda Blagg is a freelance columnist and longtime journalist in Northwest Arkansas. Email her at [email protected].
Commentary on 04/08/2015