HJR 1024 Summary

• Creates the "Arkansas Religious Freedom Amendment" to be added to the Arkansas Constitution, applying a strict scrutiny standard to government burdens on religious exercise.

• Prohibits government from burdening a person's freedom of religion unless the government demonstrates the burden is in furtherance of a compelling government interest and is the least restrictive means of furthering that interest.

• Allows persons whose religious freedom is burdened in violation of this amendment to assert the violation as a claim or defense in judicial, administrative, or other appropriate proceedings and obtain appropriate relief.

• Applies to all government rules (statutes, ordinances, regulations, administrative provisions, etc.) regardless of whether adopted before or after the amendment's effective date, and includes state agencies, political subdivisions, and officials acting under color of law.

• Becomes effective November 9, 2023, upon voter approval at the next general election and is to be liberally construed to effectuate its remedial and deterrent purposes.