Arkansas has been ranked as the top state for religious liberty, earning an 'excellent' rating from the First Liberty Institute's annual Religious Liberty in the States index with a score of 89.2 percent. Republican Gov. Sarah Huckabee Sanders signed legislation that helped lift the Natural State six spots from last year's ranking and made it one of only two states to achieve the first-ever 'excellent' designation.
The index evaluates all 50 states using 50 legal protections across 20 religious liberty safeguards spanning education, healthcare, family law, economic activity and other areas of daily life. Arkansas' climb was driven largely by Act 677, which bars state and local governments from penalizing people, businesses and religious organizations for acting according to their religious beliefs regarding marriage and biological sex.
What the Left Is Saying
Critics of expanded religious liberty protections argue that broad conscience exemptions can enable discrimination against marginalized groups. The Freedom From Religion Foundation, a group advocating for separation of church and state, has pushed back on measures it views as blurring lines between government and faith. In December, FFRF demanded Sanders reverse her proclamation closing state offices for Christmas, arguing it violated constitutional principles. Civil liberties advocates have raised concerns that laws protecting religious exercise in commercial settings can create barriers for LGBTQ+ individuals and others seeking goods and services.
Dr. Paul D. Mueller, associate director of the Religious Liberty in the States project, acknowledged differing perspectives when he said: 'With this index, citizens and legislators can see where their state is doing well, where it still has room to improve, and which existing laws could better protect the right of conscience.'
What the Right Is Saying
Sanders and conservative advocates say the protections are necessary to safeguard Americans' First Amendment rights. 'Religious liberty is America's First Freedom, and Arkansas is leading the nation in protecting it,' Sanders said. 'Our rights come from God, not government, and every American should be free to live according to their faith and conscience.'
Kelly Shackelford, president, CEO and chief counsel at First Liberty Institute, called on other states to follow Arkansas' lead. 'Religious liberty is best protected when leaders are willing to act before the rights of people of faith are threatened,' Shackelford said. Dr. Mark David Hall, director of the Religious Liberty in the States project, noted that 'states have always served as laboratories of liberty.'
In defending her Christmas proclamation against FFRF criticism, Sanders wrote: 'Only by voicing our own faith and celebrating other faiths can we make our state's diverse religious communities feel seen and heard.'
What the Numbers Show
Arkansas scored 89.2 percent on the First Liberty Institute's index, becoming one of only two states to earn an 'excellent' rating in the first year such a designation was given. The state rose six positions from its prior ranking. The index measures 50 legal protections across 20 safeguards covering education, healthcare, family law and economic activity. Arkansas also enacted the Conscience Protection Act in 2023, which expanded the state's Religious Freedom Restoration Act by prohibiting government discrimination against religious organizations based on their religious identity or status.
The Bottom Line
Arkansas' top ranking reflects a deliberate policy push by Sanders to expand faith-based legal protections during her governorship. The index provides a framework for comparing state approaches to religious liberty, though advocates across the ideological spectrum interpret what constitutes appropriate protection differently. Watch for other states to examine Arkansas' model as legislative sessions continue, and for potential legal challenges to the breadth of conscience exemptions in Act 677 and related measures.