After hours of intense debate in committee this week, the Arkansas State Senate on Wednesday approved a bill that would ban state-supported affirmative action programs. It’s all part of provisions spelled out in Senate Bill 3, sponsored by Sen. Dan Sullivan, R-Jonesboro. The legislation would prohibit what it called “discrimination or preferential treatment” in state entities. It follows less than two years since the June 29, 2023, ruling by the United States Supreme Court, which struck down affirmative action in college admissions.
On Wednesday, Sen. Sullivan spoke on the Arkansas State Senate floor ahead of the vote on SB3, telling colleagues the measure would not affect hiring procedures 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.” As Maggie Ryan and Daniel Breen with Little Rock Public Radio report, Sullivan concluded, “This bill only affects procurement, hiring and higher [education].”
Such reassurances did little to dissuade opponents of SB3. That includes Arkansas State Senator Reginald Murdock, D-Marianna, who explained that he has benefitted personally from the very programs which would be dismantled by the legislation. “When someone brings something like this as if the playing field is level now we know it’s not there.” Fellow Democratic Senator Clarke Tucker, D-Little Rock, also cautioned that the bill does not define the specific elements of “preferential treatment,” and could expose public employees to potential civil and criminal penalties. “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.”
However, some supporters of SB3, including Senator John Payton, R-Wilburn, contend that 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.”
A lone Republican, Senator Alan Clark, R-Lonsdale, disagreed with his party colleagues and instead joined Democrats in voting against SB3 Wednesday. In spirit, Clark explained, he supports the idea behind the legislation. But Clark pointed out the bill would prevent school districts from intentionally seeking out Black male teachers in hiring processes. The Senate approved SB3 by a vote of 24-to-7, with four senators either voting present or did not vote. The bill headed to the Arkansas State House for consideration Wednesday afternoon, where it is now in the State Agencies and Governmental Affairs Committee.
Nine states have banned race-based affirmative action in the U.S. Arkansas would become the 10th state to do so.
