Pro Bono News

LGBT protections in city ordinance struck down by Arkansas Supreme Court (AK)

Thursday, February 23, 2017

"LITTLE ROCK, Ark. (AP) — The Arkansas Supreme Court on Thursday struck down a city's ordinance banning discrimination based on a person's sexual orientation or gender identity, but it stopped short of saying whether a state law aimed at prohibiting such local LGBT protections is constitutional.

The justices reversed a judge's decision that Fayetteville's anti-discrimination ordinance didn't violate a state law prohibiting cities from enacting protections not covered by state law. Fayetteville, a liberal enclave in northwestern Arkansas, is one of several cities that approved local protections for lesbian, gay, bisexual and transgender people in response to the 2015 law.

Arkansas' civil rights law doesn't cover sexual orientation or gender identity. In the unanimous ruling, the justices rejected the argument that Fayetteville and other cities with such ordinances have made, that such protections are covered elsewhere in state law."

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