City's bias rule breaks law, Arkansas justices say

An ordinance passed by Fayetteville voters protecting people from discrimination based on their sexual orientation and gender identity violates Act 137 of 2015, which prevents cities from enacting such protections, the Arkansas Supreme Court ruled unanimously Thursday.

The court declined to rule on whether Act 137 was constitutional. Instead, it remanded the issue back to Washington County Circuit Court, which will decide the issue. A ruling in favor of the state would uphold the law, while a ruling in favor of the city could reinstate the ordinance, Fayetteville City Attorney Kit Williams said.

The Supreme Court's decision reverses the Circuit Judge Doug Martin's ruling in March 2016 that the ordinance did not violate Act 137, because the state already had protected people from discrimination based on sexual orientation and gender identity in a law on bullying and a law on domestic violence. That had been the city's argument.

The court ruled Thursday that the ordinance intended to "extend" protections, given its use of the word "extend" in its language.

Read more: http://www.arkansasonline.com/news/2017/feb/24/bias-rule-breaks-law-justices-say-20170/?f=news-politics