- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ No protections
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent studies in Arkansas show a discernible level of opposition to LGBTQ+ rights among the population.
OPPOSE
SUPPORT
Perception of LGBTQ+ People
Survey results from 5 LGBTQ+ Equaldex users who lived in or visited Arkansas.
Overall
Perceived Safety**Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Visibility & Representation
Culture
Services
History
Homosexual activity in Arkansas is legal.
Current status
Since 2002
Legal
In Arkansas in 2002 there was a state supreme court hearing about homosexual activities (sodomy), about a 1977 law that forbid the acts. It was overturned, and it is now currently legal. Supreme Court ruled in 2003 that homosexual acts are legal, and any imprisonment with the 1977 law would be released.
Illegal (other penalty)
In 1977 Sodomy was illegal in all 50 states, Arkansas had laws against sodomy. Sodomy was defined as homosexual acts, laws where repelled when the supreme court took on a case from 2002, Lawrence v. Texas. Supreme court ruled that all forms of punishment by sodomy was illegal, and homosexual acts are legal.
Same-sex marriage in Arkansas is legal.
Current status
Since Jun 26, 2015
Legal
The US Supreme Court rules that same-sex marriage is legal nationwide.
Censorship of LGBT issues in Arkansas is state-enforced.
Current status
Since Mar 14, 2023
State-enforced
Mentioning gender identity or sexual orientation to students before grade 5 is banned.
Until Mar 14, 2023
No censorship
LGBTQ discussion allowed in all schools, in some contexts, parents get permission slips to decide whether their student will be part of a lesson.
Right to change legal gender in Arkansas is legal, but requires surgery.
Current status
Since 2002
Legal, but requires surgery
Arkansas will amend after receipt of a court order verifying that they have undergone sex-reassignment surgery and that their names have been changed.
Gender-affirming care in Arkansas is legal.
Current status
Since Jun 20, 2023
Legal
The "SAFE Act" was struck down by a federal judge, legalizing transition for any medically approved age.
Legal, but banned for minors
The state legislature passed the "Save Adolescents from Experimentation (SAFE) Act." This law prohibits any person under 18 from receiving gender-affirming care. The law passed despite a gubernatorial veto. This was the first ever bill passed in the United States that outlawed gender-affirming care for people under the age of 18.
Legal recognition of non-binary gender in Arkansas is not legally recognized.
Current status
Since Oct 2023
Not legally recognized
Recognized
Arkansas rolled out its gender policy quietly in 2010. "Our official policy is to allow a licensee to change their gender as requested, no questions asked, no documentation required." -former Assistant Commissioner of Operations and Administration Mike Munns.
Arkansas residents were thus able to change their marker on their driver's license (including to an X) since 2010, but this has only started being known since 2018.
Arkansas residents were thus able to change their marker on their driver's license (including to an X) since 2010, but this has only started being known since 2018.
LGBT discrimination in Arkansas is no protections.
LGBT employment discrimination in Arkansas is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
LGBT housing discrimination in Arkansas is no protections.
Current status
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Same-sex adoption in Arkansas is legal.
Current status
Since Apr 7, 2011
Legal
Originally banned in a measure on a ballot, but Arkansas Supreme Court Overruled. Any unmarried individual may petition for adoption, and any married individuals must petition jointly before the court. While the Supreme Court of Arkansas has struck down bans to limit same-sex adoption on privacy grounds, all adoption cases are handled on a case by case basis before a lower court judge. Lower courts have a history of hostile rulings for same-sex adoptive parents as displayed in Larson v. Larson, 902 S.W.2d 254 (App. 1995).
Intersex infant surgery in Arkansas is not banned.
Current status
Not banned
Arkansas has not made an attempt to ban intersex infant surgeries, hospitals may offer it under DSDs. Intersex is also classed under Disorders of Sex Development (DSD) and may not be offered unless it's medically necessary like giving the child medical issues that need to be addressed, like endangering the child's life span.
Serving openly in military in Arkansas is legal.
Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Arkansas is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in Arkansas is not banned.
Current status
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.
Equal age of consent in Arkansas is equal.
Current status
Since 2001
Equal
Equal age of consent is 16.
United States Equality Rank
#160
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Arkansas LGBT Organizations
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