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Affirmative action ban advances through Arkansas Senate

Courtesy / Little Rock Public Radio

Members of the Arkansas Senate have approved a bill that would ban state-supported affirmative action programs.

Senate Bill 3, sponsored by Sen. Dan Sullivan, R-Jonesboro, would prohibit “discrimination or preferential treatment” in state entities. Senators voted on the proposal Wednesday, following more than two hours of debate in committee Tuesday.

Speaking on the Senate floor, Sullivan said the bill wouldn’t impact hiring practices in the private sector.

“Preferential treatment and discrimination have always existed… but to say that we’re trying to get rid of that nationwide and statewide is just a straw man and not true,” he said. “This bill only affects procurement, hiring and higher [education].”

Several lawmakers spoke against the bill, including Sen. Reginald Murdock, D-Marianna, who said he’s personally benefited from programs which would be banned if the bill becomes law.

“We’re not promoting anything that says ‘give someone an unfair advantage.’ What we’re saying is let’s continue to work to give all an opportunity,” Murdock said. “When someone brings something like this as if the playing field is level now… we know it’s not there.”

Sen. Clarke Tucker, D-Little Rock, spoke against the bill, saying because it doesn’t define what constitutes preferential treatment, it could open up public employees to civil and criminal penalties.

“All of these programs were carefully crafted over a period of decades, very thoughtfully. These programs were created surgically to where they could have the most impact. This bill is not surgical,” Tucker said. “We have no idea how broad the impact of this bill will be. I believe it will impact every public employee in the state of Arkansas.”

Sen. John Payton, R-Wilburn, spoke in favor of the bill, saying state-supported affirmative action programs have outlived their usefulness.

“Our society had a horrible disease – discrimination, racism – and laws were put in place to cure that disease. And the argument we’re having today is, are we over the disease and addicted to the cure, or is this a disease that we need a forever ongoing treatment? I’d like to think that we’re over the disease, and we’re going to have to break the addiction to the cure,” he said.

Sen. Alan Clark, R-Lonsdale, was the lone Republican to join Democrats in voting against SB3 Wednesday. Clark said he supported the bill in spirit, but disagreed with the fact that it would prevent school districts from intentionally seeking out Black male teachers in hiring processes.

The bill passed on a roll call vote, with 24 senators voting in favor of it, seven voting against it, and four voting present or not voting. It now heads to a House committee for consideration.

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