Today the Arkansas Supreme Court struck down a city’s ordinance that unlawfully added sexual orientation and gender identity. In the unanimous ruling, the court ruled that the City of Fayetteville violated state law by adding these two categories when state law did not include them. 

Arkansas’ civil rights law does not include sexual orientation or gender identity. The court ruled that a state anti-bullying law is not related to anti-discrimination laws and does not create newly protected classes. In February 2015, the legislature passed Act 137 that prohibits local governments from adding additional categories that are not included in the state law.

Virginia, like Arkansas, requires that non-discrimination categories be uniform and set at the state level. Next week, Liberty Counsel will be arguing before the Virginia Supreme Court where the Fairfax County School Board unlawfully added “sexual orientation,” “gender identity,” and “gender expression” to the Board’s policies. Like Arkansas, Virginia law does not include these categories.

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