In a narrow 4-3 decision, the Arkansas Supreme Court upheld the rejection of a petition that sought to place a constitutional amendment on the November ballot, which would have allowed voters to decide on abortion access in the state. The court’s ruling effectively ends efforts by Arkansans for Limited Government (AFLG) to qualify the measure for the upcoming general election.
The proposed amendment aimed to legalize abortion in Arkansas up to 18 weeks of pregnancy, with exceptions for cases involving rape, incest, fatal fetal anomalies, and threats to the mother’s health. It was introduced in response to the U.S. Supreme Court’s Dobbs decision, which returned the power to regulate abortion to individual states. Arkansas currently has one of the most restrictive abortion laws in the country, banning the procedure in nearly all circumstances.
Secretary of State John Thurston had earlier ruled that AFLG failed to meet state requirements due to incomplete documentation regarding paid canvassers. Specifically, AFLG did not submit a necessary affidavit for a portion of their paid canvassers, a key legal requirement under state law. As a result, the signatures collected by these canvassers were disqualified, dropping the total below the threshold needed to qualify for the ballot.
Writing for the majority, Justice Rhonda Wood emphasized that the court’s role is not to overrule the clear language of the law. “This court is being asked to order another constitutional officer, the Arkansas Secretary of State, to ignore a mandatory statutory provision that he has enforced. That is not the proper role of the court,” she wrote. “Given the undisputed facts, we hold that AFLG, by its own admission, failed to submit the required paid canvasser training certification.”
The ruling was met with celebration from pro-life advocates, including Vikki Parker, CEO and founder of Options Pregnancy Center. “We fought together side-by-side,” Parker said, highlighting the community effort behind the legal battle. “We had 1,000 people praying 24 hours a day. This is what happens when people come together. You win! You put everything in God’s hands. To God be the glory.”
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Parker expressed her joy with a resounding declaration: “We won. We won. We won.”
“This is a tremendous victory for life and a clear affirmation that Arkansas stands strong in protecting the most vulnerable," said Jor-El Godsey, president of Heartbeat International. "The court’s decision reflects the power of prayer and the collective determination of Arkansans to safeguard life from the moment of conception."
Arkansas was one of several states with abortion-related state constitutional amendment measures confirmed or under consideration for the 2024 Ballot, as of August 22, 2024.
"As we celebrate this win, we’re reminded that every step forward in defending life matters, not just for Arkansas, but for the entire nation.”
Reflecting on the broader implications, Parker added, “So goes Arkansas, so goes the nation.”
This decision drew a sharp rebuke from abortion advocates. AFLG issued a statement calling the ruling “a dark day in Arkansas,” vowing to continue the fight and remember the decision in future elections.
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The court’s ruling underscores the ongoing legal battles surrounding abortion policy across the United States in the wake of the Dobbs decision. While pro-abortion supporters have seen victories in other states where ballot initiatives have been put before voters, Arkansas remains firmly pro-life, with this ruling marking a significant setback for efforts to expand abortion access within the state.
Republican Gov. Sarah Huckabee Sanders, who has consistently championed pro-life policies, took to social media to commend the decision, saying, “Proud I helped build the first conservative Supreme Court majority in the history of Arkansas and today that court upheld the rule of law, and with it, the right to life.”
Proud I helped build the first conservative Supreme Court majority in the history of Arkansas and today that court upheld the rule of law, and with it, the right to life.
— Sarah Huckabee Sanders (@SarahHuckabee) August 22, 2024
As the debate over abortion rights continues to intensify at both state and national levels, Arkansas’ latest decision reflects the state’s strong stance against expanding access to abortion, setting the stage for further confrontations in the months and years ahead.
