Arkansas committee approves bill to prohibit race- and sex-based preferences in state hiring, education and procurement

Representative Bentley, sponsor of Senate Bill 3, told the House State Agencies & Governmental Affairs Committee on the bill’s introduction that SB3 would prohibit state entities from granting "preferential treatment to an individual or a group on the basis of race, [gender], color, ethnicity, or national origin" and that the measure was intended to align Arkansas law with recent federal developments.

The bill would remove language and programs that use minority-based terminology and replace many references to "minority" with a new formulation focused on "critical needs." Bentley said the change is meant to preserve programs that serve need while ending what she called race‑based preferences. During the hearing she read from President Trump’s Jan. 21, 2025, executive order and cited the U.S. Supreme Court decisions that found race‑based admissions practices unlawful.

Why it matters: SB3 would affect state hiring, public education and state procurement, and it would strike or rewrite several existing reporting and recruitment provisions for schools and higher education. Supporters say the bill brings Arkansas into conformity with federal law and prevents what they describe as long‑running, race‑based preferences. Opponents say the bill would dismantle targeted recruitment and retention programs, reduce minority representation in schools and colleges, remove specific programs that supporters view as essential to addressing disparities (including maternal health supports and minority retention efforts), and create litigation risks for local…