LITTLE ROCK (KFSM) -- Arkansas Attorney General Leslie Rutledge issued an opinion Tuesday (Sept. 1) stating civil rights ordinances passed by any county, municipality or other political subdivision in the state are not enforceable under the Intrastate Commerce Act, known as Act 137.
Rutledge issued the opinion in response to a request from Rep. Bob Ballinger, R-District 97, as to the meaning and application of the Intrastate Commerce Act in respect to ordinances that were either passed or are up for a vote in Little Rock, Fayetteville, Hot Springs, Eureka Springs and Pulaski County.
In all five cases, the ordinances prohibit discrimination based on sexual orientation and gender identity.
In her opinion, Rutledge writes:
The Intrastate Commerce Act "renders unenforceable any ordinance that prohibits discrimination on a basis not already contained in state law. Because current state law does not prohibit discrimination on the basis of sexual orientation or gender identity, it is my opinion that Act 137 renders the five ordinances unenforceable in this respect."
To read the full opinion, click here.
Early voting also got underway in Fayetteville Tuesday on the Uniform Civil Rights Protection Ordinance 5781, which would extend protections to lesbian, gay, bisexual and transgender Fayetteville residents and visitors in matters of employment, housing and public accommodations.
For Fayetteville, a group that supports the civil rights ordinance, released the following statement in response to the attorney general's opinion:
“We believe ordinance 5781 is compatible with Act 137 and therefore constitutional,” Danielle Weatherby, For Fayetteville executive committee member and assistant professor of law said. “We encourage the citizens of Fayetteville to exercise their constitutional right to vote during early voting at the courthouse from 8 AM to 4:30 PM this week, and on Election Day, Sept. 8, from 7:30 AM to 7:30 PM at any polling location.”
“Attorney General Rutledge’s opinion bears no weight as a legal precedent. It is still up to a judge to decide this issue. Her opinion is just that – an opinion of one lawyer,” Weatherby said. “Many attorneys in Arkansas have reached a different opinion on Act 137.”
“The timing of this opinion on the first day of early voting is suspicious and possibly politically motivated,” Weatherby said. “It may be yet another maneuver to mislead voters and influence the outcome of the Sept. 8 election.”
Duncan Campbell, with Protect Fayetteville, said Rutledge's opinion enforces their stance on the issue.
"I think it means a lot. That is a very heavy bat, to have the attorney general of the state of Arkansas backing you with your lawsuit," Campbell said. "The attorney general, the highest attorney in the state, agrees with us. This election is illegal, just like the ordinance is illegal. It never should have happened in the first place."
Protect Fayetteville filed a lawsuit Monday (Aug. 31) and requested an emergency injunction to stop the special election. A judge is set to hear arguments Friday at 9 a.m.
Jennifer Price with the Washington County Election Commission said the commission is planning to go ahead with early voting this week and the special election on Sept. 8 as planned until they are ordered to do otherwise.
The mayor of Eureka Springs told 5NEWS in July the city still plans to enforce its anti-discrimination ordinance despite the Intrastate Commerce Act.