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LGBT Protections Cannot Be Enforced in Arkansas City, Court Rules

Arkansas’ highest court on Thursday said a city can’t enforce its ordinance banning discrimination based on sexual orientation or gender identity, saying it’s already ruled the measure violates a state law aimed at preventing local protections for LGBT people.

By Andrew DeMillo

Arkansas’ highest court on Thursday said a city can’t enforce its ordinance banning discrimination based on sexual orientation or gender identity, saying it’s already ruled the measure violates a state law aimed at preventing local protections for LGBT people.

The state Supreme Court unanimously reversed a Washington County judge’s decision to allow Fayetteville to continue enforcing its anti-discrimination ordinance while the city challenged the constitutionality of a 2015 law preventing cities and counties from enacting protections not covered by state law. Arkansas’ civil rights law doesn’t cover sexual orientation or gender identity.

The court in 2017 ruled the ordinance violated the state law. Citing that decision, justices on Thursday reversed Judge Doug Martin’s ruling and dismissed the case. In Thursday’s ruling and the previous decision, the court did not rule on whether the state law was constitutional.