Arkansas bill would remove race and gender quotas from 22 boards and commissions

Representative Carolyn Brown introduced House Bill 1365 to the Senate committee, saying the measure would "remove race and gender quotas" from state law provisions that currently specify demographic composition on about 22 boards and commissions in Arkansas.

Brown and witnesses told senators the change is intended to avoid future litigation and to align state law with the Fourteenth Amendment’s equal‑protection guarantee. Laura D’Agostino of the Pacific Legal Foundation said the bill is necessary because using racial classifications requires strict scrutiny by courts and, absent a compelling governmental interest shown using race‑neutral alternatives, would be unconstitutional. Robert Steinbach, a law professor, told the committee he supported removing race‑ and sex‑based quotas and cited the U.S. Supreme Court’s recent decisions on race‑conscious admissions as precedent-like guidance that will influence other government actions.

Committee members asked how the bill would be implemented in practice and whether current appointees would be removed if the law took effect. Representatives and counsel said they had not specified retroactivity language in the draft; D’Agostino and Brown said their understanding from litigation practice is that courts treat such laws prospectively and that the governor would simply be required to stop considering race or sex going forward. Senator Clark Tucker and others pressed the panel on whether descriptive language such as “diversity” could be read to mean race, and whether geographic or professional representation should remain criteria for certain commissions. Brown and witnesses said the bill’s intent is to remove race and sex as required selection criteria while preserving legitimate qualification criteria such as geographic representation or professional background.

Speakers also discussed specific references the bill would strike, including an item tied to historically Black colleges and universities; proponents said removing racial language does not prevent nominations of individuals affiliated with an HBCU, and opponents warned of eroding formal recognition of historically underserved communities’ representation.

Committee discussion continued but the final recorded rollcall or tally on the bill is not included in the transcript segment provided. The committee record shows a motion to pass from Senator Peyton with a second from Senator Sullivan and extended debate, including a recorded "no" from Senator Tucker, but the transcript does not record the committee’s final roll‑call tally or formal outcome in numeric form.