The proposed radical amendment to the state constitution pushed by Left-wing advocates would change quite a lot about Arkansas. 

Create new welfare programs at the cost of more than $1 billion per year? Check. 

End education freedom? Check. 

Re-open the door to “woke” curriculum? Check.

But Arkansans may be entirely unaware  that the amendment could end religious freedom in Arkansas’s schools that accept any form of school choice dollars, including certain types of scholarships, forcing Arkansas families to choose between their religious beliefs and a quality education for their kids. 

Put simply, the radical, union-backed amendment:

• Mandates equivalent academic standards that would threaten religious schools’ curriculum;

• Ignores the attorney general’s warnings about unconstitutionality;

• Flies in the face of multiple Supreme Court decisions on religious freedom; and

• Sets Arkansas on a path toward costly, taxpayer-financed lawsuits

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THE UNION-BACKED AMENDMENT WOULD PROHIBIT RELIGIOUS CURRICULUM IN ARKANSAS SCHOOLS

If it becomes part of the Arkansas constitution, the union-backed amendment would require any school in Arkansas that receives any sort of taxpayer funding—whether through property taxes, the Education Freedom Accounts (EFA) program, the Philanthropic Investment in Arkansas Kids (PIAK) program, or other educational grants—to be held to the exact same academic and accreditation standards.

Proponents of the amendment say this is  about “fairness.” But in reality, it is about ending education freedom since these schools could not possibly comply with this new mandate.

At its most basic level, forcing private schools to mirror the same standards as public schools is impossible. For example, as we’ve previously pointed out, public school accreditation standards require a superintendent for a school district. But how would private schools possibly comply? Would they have to create their own school district out of thin air and hire a superintendent just to check off this box on the paperwork?They can’t and they won’t. They’ll simply opt out of the education freedom program and education freedom will be gone forever.

Putting aside these practical obstacles, the proposed requirement that all schools have identical curriculum threatens the very foundation of religious freedom. 

One of the reasons so many Arkansas families exercise their right to send their kids to religious and parochial schools is to receive a religious education. If these religious schools were forced to accept the same exact curriculum that public schools use, students in these schools could say goodbye to religious classes and teaching. The concept of intelligent design would become unteachable. And even the concept of prayer in private schools could be under threat.

Shockingly, the amendment’s lead supporters also recently revealed that they believe these draconian rules will also apply to Arkansas homeschoolers:

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Would homeschoolers even be prevented from praying in their own homes? The potential ramifications of this are far reaching, and dangerous.

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UNION ORGANIZERS IGNORED CLEAR WARNINGS ABOUT UNCONSTITUTIONALITY

Presumably, the union and their friends know their proposal is wholly unconstitutional. After all, Attorney General Tim Griffin warned them directly:

While proponents have been spreading the narrative that they “fixed” these issues in the final version of the amendment, a plain reading of the proposal could not be clearer: The problematic “identical” standards provision is still included in the final draft and is as unconstitutional as ever.

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THE UNION-BACKED BALLOT AMENDMENT VIOLATES THE FIRST AMENDMENT

But it’s not just the attorney general’s opinion that should give Arkansans pause: the U.S. Supreme Court has also repeatedly sided with religious schools’ ability to exercise their First Amendment rights.

For example, in Trinity Lutheran Church of Columbia, Inc. v. Comer, the Court ruled that “expressly denying a qualified religious entity a public benefit solely because of its religious character” violates the First Amendment.

And in Espinoza v. Montana Department of Revenue, where religious schools were excluded from the state’s school choice program, the Court ruled that, “A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”

The union-backed amendment fails to abide by the standards set forth in multiple cases by the Supreme Court, yet its supporters decided to proceed with it anyway. Their desperation to undo education freedom seems to outweigh any concern they have for the First Amendment.

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THE UNION-BACKED AMENDMENT WOULD PUT ARKANSAS ON A DANGEROUS AND COSTLY LEGAL PATH

It’s crystal clear that the proposed amendment would cement changes in the state’s constitution that would violate the First Amendment and intrude on religious freedom.

Just as bad, if passed, the amendment would undoubtedly lead to costly lawsuits. For example, if the legislative or executive branches refused to implement this portion of the amendment on the grounds that it is unconstitutional, Left-wing activists would surely take the state to court (and likely lose). Or, alternatively, if these provisions were implemented and religious schools saw their freedom of curriculum rolled back, they may very well take the state to court and win.

Either way, Arkansas taxpayers would have to sit back and watch as their taxpayer dollars subsidize a completely unnecessary and avoidable legal fight.

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BOTTOM LINE: THIS AMENDMENT IS A SERIOUS THREAT TO RELIGIOUS FREEDOM IN ARKANSAS

If passed, Arkansas religious schools that accept any taxpayer funds would be left with an impossible choice: Give up taxpayer funding to maintain your autonomy, or keep receiving taxpayer funding but abandon your principles and curriculum. 

The consequences of this choice would inevitably be passed down to parents and children.

So when proponents of this ballot measure claim to be just supporting equality, Arkansans should not be fooled. This isn’t about equal standards—it is an attempt to end education freedom under the false shroud of “fairness.”