LGBTQ rights in Arkansas

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Arkansas face legal challenges not experienced by non-LGBTQ residents.

In 1925, the Arkansas Supreme Court unanimously held that fellatio (oral sex), whether heterosexual or homosexual, violated the sodomy statute.

[2] On April 4, 2005, the Arkansas House of Representatives passed, by a vote of 85–0 in favor, SB 984, a bill repealing laws against sexual acts among same-sex couples.

[1] On May 9, 2014, Sixth Judicial Circuit Judge Chris Piazza issued a preliminary ruling in Wright v. Arkansas that found the state's ban on same-sex marriage unconstitutional.

[6] In another lawsuit in federal court, Jernigan v. Crane, on November 25, 2014, Judge Kristine Baker found the state's ban on same-sex marriage unconstitutional and stayed her ruling pending appeal.

[9] On April 7, 2011, in Arkansas Department of Human Services v. Cole, the Arkansas Supreme Court unanimously found that the measure "fails to pass constitutional muster" because it "directly and substantially burdens the privacy rights of 'opposite-sex and same-sex individuals' who engage in private, consensual sexual conduct in the bedroom by foreclosing their eligibility to foster or adopt children, should they choose to cohabit with their sexual partner.

[19] Two cities have enacted comprehensive anti-discrimination ordinances addressing both public and private employment discrimination on account of sexual orientation and gender identity.

In February 2017, the Arkansas Supreme Court struck down Fayetteville's anti-discrimination ordinance because it included sexual orientation and gender identity as protected categories.

[22] Arkansas has no hate crime statute that attaches penalties to criminal convictions when motivated by bias,[23] but a state statute does allow victims to sue for damages or seek court-ordered relief for acts of intimidation, harassment, violence, or property damage "where such acts are motivated by racial, religious, or ethnic animosity", not sexual orientation or gender identity.

In April 2021, the Arkansas Legislature overwhelmingly passed a "watered-down weak version" of a hate crimes bill - that does not include both "sexual orientation or gender identity" explicitly or implicitly.

[33] Since 1981, Arkansas law permits transgender people to amend their birth certificates upon receipt of a court order verifying that they have undergone sex reassignment surgery and that their names have been changed.

[42][43] In March 2021, the Arkansas Legislature passed HB 1570, a bill to legally ban puberty blockers, hormone therapy and/or sex reassignment surgery on individuals under the age of 18.

In his ruling he argued that the law discriminated against transgender people and violated the constitutional rights of doctors, and that the state did not adequately prove its claim regarding the supposed experimental nature of transition care.

[51] In March 2023, the Arkansas Legislature passed a bill to allow individuals to sue doctors, nurses or other health employees for gender-affirming healthcare provided to them as minors.

[56] On March 21, 2023, Governor Sarah Huckabee Sanders signed a different law prohibiting trans people from using public school bathrooms that match their gender.

This made Arkansas the fourth state to pass a law about public school bathrooms, following Alabama, Oklahoma and Tennessee, while Idaho and Iowa's approved bills had yet to be signed by their governors.

[57] A 2017 Public Religion Research Institute (PRRI) poll found that 52% of Arkansas residents supported same-sex marriage, while 38% opposed it and 10% were unsure.

[60] A 2022 Public Religion Research Institute (PRRI) poll found that 51% of Arkansas residents supported same-sex marriage, while 47% opposed it and 1% were unsure.

Map of Arkansas counties and cities that have sexual orientation anti–employment discrimination ordinances before Bostock v. Clayton County banned discrimination nationwide in 2020
Sexual orientation and gender identity with anti–employment discrimination ordinance
Sexual orientation and gender identity solely in public employment
Sexual orientation in public employment
Does not protect sexual orientation and gender identity in employment