Lesbian, gay, bisexual, and transgender (LGBT) people in the US state of Arkansas face some legal challenges that non-LGBT residents do not. Same-sex sexual activity is legal in Arkansas. Same-sex marriage in Arkansas becomes legally valid through a court ruling on May 9, 2014, depending on the court and appeal. In June 2015, the US Supreme Court ruled at Obergefell v. Hodges that the law prohibiting same-sex marriage is unconstitutional, legalizing same-sex marriage in the United States nationally including in Arkansas.
Video LGBT rights in Arkansas
The law on same-sex sexual activity
In 1838, Arkansas instituted the first law against homosexual activity with the provision that reads: "Anyone convicted of sodomy or buggery will be imprisoned in a state prison for no less than a year or more than 21 years." This law was later amended in 1977 to punish only the actions of homosexuals, or sexual acts that occur between humans and animals; but essentially sodomy is decriminalized by making it a Class A minor offense.
In 2002, the Supreme Court of Arkansas at Picado v. Jegley found that state laws making sexual intercourse between people of the same sex, criminal acts are unconstitutional because the law violates the basic right to privacy and fails. to provide the same legal protection.
On 4 April 2005, the Arkansas House of Representatives endorsed, in a supportive 85-0 vote, SB 984 , a law that nullifies the law against sexual acts among same-sex couples. On April 7, 2005, the Arkansas State Senate passed the bill, with a 35-0 vote in favor. Gov. Mike Huckabee signed the bill into law. This came into effect on 12 April 2005.
Maps LGBT rights in Arkansas
Recognition of same-sex relations
Arkansas prohibits same-sex marriage in both state laws and the state's Constitution. These provisions have been ruled unconstitutional and are no longer enforced.
On May 9, 2014, Judge Sixth Judge Judge Chris Piazza issued a preliminary verdict on Wright v. Arkansas that found the state Constitution ban on same-sex marriage unconstitutional. On May 15, he issued a final verdict ordering the enforcement of state legislation prohibiting the permission and recognition of same-sex marriage as well. The Supreme Court of Arkansas remained in power when hearing an appeal in the case.
In another lawsuit in federal court, Jernigan v. Crane , on November 25, 2014, Judge Kristine G. Baker found the state ban on unconstitutional marriage and pending appeal.
On June 26, 2015, the US Supreme Court ruled at Obergefell v. Hodges that prohibits same-sex marriage is unconstitutional, effectively legalizing same-sex marriages in the United States. Since then, same-sex couples in Arkansas have been allowed to marry legally.
Adoption and parenting
The Arkansas voters approved a vote in November 2008, effective January 1, 2009, to ban unmarried couples from adopting and giving up. On April 7, 2011, at the Arkansas Department of Human Services v. Cole , the Supreme Court of Arkansas unanimously found that the act "failed to pass the constitutional" because "directly and substantially burden the privacy rights of 'opposite sex and sex' involved in consensual sexual behavior in the bedroom by closing their eligibility to nurture or adopt children, should they choose to live with their sexual partners. "
Birth certificate
In December 2015, a circuit judge found the Arkansas birth certificate law unconstitutional because it unfairly discriminated against same-sex couples. The law allows non-biological heterosexual fathers to be registered on their child's birth certificate (ren) but denied the right to homosexual non-biological mothers. The state appealed to the Supreme Court of Arkansas. In December 2016, the country's Supreme Court ruled that the birth certificate law is constitutional. Justice of the Supreme Court Jo Hart wrote: "It does not violate the same protection to recognize basic biological truth". On June 26, 2017, the US Supreme Court ruled, at Pavan v. Smith , that the Arkansas Supreme Court ruling clearly violates Obergefell v. Hodges and was repulsed by law of state birth certificates. In October, the state Supreme Court acknowledged that state laws were unconstitutional and ordered same-sex couples to be treated equally in the issuance of birth certificates.
Protection of discrimination
Arkansas Law does not address discrimination based on gender identity or sexual orientation.
The city of Eureka Springs prohibits discrimination on the basis of sexual orientation and gender identity in public and private work. The capital city of Little Rock and several other cities prohibits discrimination on the basis of sexual orientation only in public works. In February 2017, the Arkansas Supreme Court ran into Fayetteville's anti-discrimination regime because it included sexual orientation and gender identity as a protected category. The court found that the regulation contradicts the Intrastate Commerce Improvement Act (see below). Following the decision, Fayetteville City Attorney Kit Williams said he would focus on challenging the constitutionality of the action.
Intrastate Commerce Improvement Act
On February 9, 2015, the Arkansas State Senate passed, with 24 votes in favor, 8 opposing votes, and 2 unselected, Intrastate Commerce Improvement Act , a bill banning districts, municipalities or other politics. subdivisions in the state of adopting anti-discrimination procedures that create protected classifications or prohibit discrimination on grounds not covered by state law. On February 13, 2015, the Arkansas House of Representatives passed, with 58 votes, 21 opposing votes, 14 no votes, and 7 votes present. The emergency clause for the bill was rejected by the House.
Hates crime laws
Arkansas has no hate crime law that sticks to criminal convictions when motivated by bias, but state legislation does not allow victims to claim redress or seek help ordered by the court for intimidation, harassment, violence or property damage "in where such actions are motivated by racial, religious or ethnic hostility, "not sexual orientation or gender identity.
Gender identity and expression
The Arkansas Act allows transgender people born in Arkansas to change their birth certificates after receiving a court order verifying that they have undergone a sex change operation and that their names have been changed.
References
Source of the article : Wikipedia
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