JUST IN: Arkansas passes religious freedom bill similar to controversial Indiana law

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WASHINGTON -- Arkansas passed a religious freedom bill on Tuesday that is similar to an Indiana law that has faced national backlash for legalizing discrimination against lesbian, gay, bisexual and transgender people.

The bill cleared the Arkansas Legislature and now heads to the governor's desk, where it is expected to be signed. Like the Indiana law, the Arkansas legislation allows a person who feels his or her exercise of religion has been “substantially burdened” to cite that argument as a claim or defense in a private lawsuit. The legislation also grants corporations the right to religious freedom. This language is not in the federal Religious Freedom Restoration Act (RFRA), and critics say it could be used to override existing anti-discrimination protections.

"The Arkansas and Indiana bills are virtually identical in terms of language and intent,” said Sarah Warbelow, legal director at the Human Rights Campaign. “They place LGBT people, people of color, religious minorities, women and many more people at risk of discrimination.”

Indiana Gov. Mike Pence (R) defended his state’s law on Tuesday, calling for a legislative fix that would clarify that the law does not allow businesses to discriminate. Earlier in the week, Arkansas lawmakers also tried to head off concerns about that state's bill, approving language that says “the General Assembly finds that it is a compelling governmental interest to comply with federal civil rights laws.”

However, according to Eunice Rho, advocacy and policy counsel at the ACLU, federal civil rights laws have no explicit protections for LGBT people, and this legislative finding -- while helpful -- is not part of the law. “If the Arkansas Legislature is serious about preventing discrimination, they need to write it into the actual code,” she said.

“We would like to see both Indiana and Arkansas adopt language clarifying that the state RFRA cannot be used to undermine federal, state or local non-discrimination laws," Warbelow said.

During Monday's committee hearing, some lawmakers raised concerns about the bill being inconsistent with federal and state RFRA laws when it comes to protecting civil rights. Some proposed a simple solution: adding a non-discrimination disclaimer to the legislation.

"It's not a philosophical debate with me at this point. I think we're going well beyond the other states," said state Rep. Camille Bennett (D), who ultimately voted against the bill.

But the bill's author, state Rep. Bob Ballinger (R), said its language was staying put, and that it would be too confusing to try to define what constitutes discrimination.

"If that means that you can force somebody who has deeply held religious beliefs to engage in some activity that violates their deeply held religious beliefs, and that the state has the right to force them into doing it, I can't say that I do agree with that," he said.

Arkansas is about to enter the same minefield that Indiana has been trapped in since Pence signed his religious freedom bill last week. In Indiana, major companies like Twitter and the NCAA, as well as celebrities like Apple CEO Tim Cook and Miley Cyrus, have spoken out against the law.

In Arkansas, both Walmart and Acxiom, a big data company, have spoken out against the legislation. The Democratic mayor of Little Rock also warned Gov. Asa Hutchinson (R) on Tuesday that “any piece of legislation that is so divisive cannot possibly be good for the state of Arkansas and its people.”

But Hutchinson appears unfazed by these concerns. Last week, he vowed that he would sign the legislation: “Arkansas is open for business, and we recognize and respect the diversity of our culture and economy,” he said in a statement.

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JUST IN: Obama commutes 22 drug sentences in major drug reform push

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WASHINGTON -- President Barack Obama commuted the sentences of 22 individuals on Tuesday, more than doubling the number of commutations he has issued in the six-plus years he's been in office.

The men and women granted the reprieves had been imprisoned under an "outdated sentencing regime," the administration concluded. Eight of the 22 inmates had been sentenced to life imprisonment and would have died behind bars.

Leading up to Tuesday's announcement, the president has tried to revamp his administration's approach to clemency, telling The Huffington Post in a recent interview that he felt recipients should more broadly reflect the entire applicant pool and not lean toward well-connected white-collar criminals. Those granted clemency on Tuesday were all sentenced to jail for intent to distribute an illegal drug, with 14 of those cases involving possession or distribution of cocaine.

"Had they been sentenced under current laws and policies, many of these individuals would have already served their time and paid their debt to society," White House counsel Neil Eggleston said in a statement shared in advance with The Huffington Post. "Because many were convicted under an outdated sentencing regime, they served years -- in some cases more than a decade -- longer than individuals convicted today of the same crime."

The president sent a letter to each of the commutation recipients encouraging them to take advantage of their post-prison opportunity. An administration official said that this was the first time Obama has sent such letters during his presidency.

"I am granting your application because you have demonstrated the potential to turn your life around. Now it is up to you to make the most of this opportunity. It will not be easy, and you will confront many who doubt people with criminal records can change. Perhaps even you are unsure of how you will adjust to your new circumstances," the letter reads. "But remember that you have the capacity to make good choices. By doing so, you will affect not only your own life, but those close to you. You will also influence, through your example, the possibility that others in your circumstances get their own second chance in the future."

Tuesday's announcement marks the beginning of a more aggressive approach on clemency from the White House, which has faced persistent criticism for being slow to grant pardons and commutations. Until Tuesday, Obama had only commuted the sentences of 21 people and pardoned 64, out of thousands of applications received.

The Justice Department expanded its criteria for clemency applicants last year, prioritizing defendants who would have likely been given a shorter prison term had they been sentenced today and who have served at least 10 years behind bars, have had good conduct in prison, have no significant ties to criminal enterprises and have no history of violence or significant criminal history.

Advocates for greater clemency have argued that Obama should follow through on the underlying principles of the 2010 Fair Sentencing Act that he himself signed, which reduced the disparity in federal treatment of crimes involving crack cocaine and cocaine powder. Tuesday's commutations suggest those advocates are being heard.

One of the prisoners whose sentence was commuted, Francis Darrell Hayden, had been sentenced to life in prison for growing marijuana back in 2002. Another, Donel Clark, was sentenced in 1994 and told The Huffington Post he had taken a job as a crack “cook” in his friend’s kitchen to support his family.

The names of those who received commutations on Tuesday -- and the crimes for which they were sentenced -- are below.

Terry Andre Barnes – East Moline, Illinois
Offense: Conspiracy to distribute cocaine base; supervised release violation (distribution of cocaine base) (Southern District of Iowa)
Sentence: 246 months’ imprisonment; 10 years’ supervised release (July 25, 2005)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Theresa Brown – Pompano Beach, Florida
Offense: Conspiracy to distribute crack cocaine (Southern District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (Mar. 29, 1995)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Donel Marcus Clark – Dallas, Texas
Offense: Conspiracy; use of a communication facility (five counts); distribution and/or possession of cocaine or manufacturing in or near a school facility, aiding and abetting (Northern District of Texas)
Sentence: 420 months’ imprisonment; four years’ supervised release (Nov. 12, 1993); amended to 360 months’ imprisonment (August 20, 2008)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Ricky Bernard Coggins – Tallahassee, Florida
Offense: Conspiracy to possess with intent to distribute cocaine base (Northern District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (May 3, 1993)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Samuel Pasqual Edmondson – Junction City, Kansas
Offense: Conspiracy to possess methamphetamine with intent to distribute; possession with intent to distribute methamphetamine (Eastern District of Texas)
Sentence: Life imprisonment; 10 years’ supervised release (Sep. 24, 1997)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Amado Garcia – Fresno, California
Offense: Conspiracy to possess with the intent to distribute methamphetamine; aiding and abetting the possession of methamphetamine; aiding and abetting the possession of heroin (District of Wyoming)
Sentence: 240 months’ imprisonment; 10 years’ supervised release; $2,000 fine (Nov. 29, 2001)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Dwight Anthony Goddard – Decatur, Georgia
Offense: Possession with intent to distribute cocaine base (Middle District of Georgia)
Sentence: 235 months’ imprisonment; five years’ supervised release (Feb. 7, 2002)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Lionel Ray Hairston – Ridgeway, Virginia
Offense: Distribution of cocaine base (three counts) (Western District of Virginia)
Sentence: 262 months’ imprisonment; eight years’ supervised release (May 27, 1999)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Francis Darrell Hayden – Loretto, Kentucky
Offense: Conspiracy to possess with intent to distribute 1,000 or more marijuana plants or 1,000 or more kilograms of marijuana; manufacture of 1,000 or more marijuana plants (Eastern District of Michigan)
Sentence: Life imprisonment; 10 years’ supervised release (Apr. 2, 2002)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Harold Kenneth Herring – Havana, Florida
Offense: Possession of a firearm by a convicted felon; possession with intent to distribute cocaine base (Northern District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (Jan. 22, 1998)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Tommie Lee Hollingshed – Memphis, Tennessee
Offense: Distribution of a controlled substance (two counts) (Western District of Tennessee)
Sentence: 324 months’ imprisonment; four years’ supervised release (May 1, 1996)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Derrick DeWayne Johnson – Birmingham, Alabama
Offense: Conspiracy to possess with intent to distribute cocaine; possession with intent to distribute cocaine (Northern District of Alabama)
Sentence: 360 months’ imprisonment; four years’ supervised release (Nov. 18, 1998)
Commutation Grant: Prison sentence commuted to a term of 262 months.

Robert Martinez-Gil – San Antonio, Texas
Offense: Conspiracy to possess with intent to distribute cocaine and heroin (Western District of Texas)
Sentence: Life imprisonment (July 9, 1992)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

David Navejar – Brooksville, Florida
Offense: Conspiracy to distribute and to possess with intent to distribute 500 grams or more of methamphetamine (Middle District of Florida)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Jan. 27, 2003)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Rudolph Norris – Washington, D.C.
Offense: Unlawful distribution of cocaine base; unlawful possession with intent to distribute five grams or more of cocaine base (District of Columbia)
Sentence: 360 months’ imprisonment; eight years’ supervised release (Apr. 5, 1993)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Tracy Lynn Petty – Shelby, North Carolina
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base (Western District of North Carolina)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Mar. 30, 2006); amended to 204 months’ imprisonment (February 25, 2008)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Luis Razo – Davenport, Iowa
Offense: Conspiracy to distribute cocaine (Southern District of Iowa)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Jan. 3, 2003)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Antwon Rogers – Cleveland, Ohio
Offense: Conspiracy to possess with intent to distribute 139.8 grams of cocaine base (Northern District of Ohio)
Sentence: Life imprisonment; 10 years’ supervised release (Jan. 30, 1995)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Herman Rosenboro – Kingsport, Tennessee
Offense: Conspiracy to distribute and possess with the intent to distribute over five kilograms of cocaine and over 50 grams of cocaine base; distribution of a quantity of cocaine base (two counts); distribution of a quantity of cocaine (two counts) (Eastern District of Tennessee)
Sentence: Life imprisonment; six years’ supervised release (Dec. 3, 2001)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Lawrence Elmo Scott – Lynchburg, Virginia
Offense: Distribution of crack cocaine within 1,000 feet of a school (Western District of Virginia)
Sentence: 283 months’ imprisonment; six years’ supervised release; $4,000 fine (Apr. 8, 2003)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Levar V. Wade – Chicago, Illinois
Offense: Possession of 50 or more grams of crack cocaine with intent to distribute (Central District of Illinois)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (May 28, 2004)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

Eugene Winters – Cedar Rapids, Iowa
Offense: Conspiracy to distribute cocaine base (Southern District of Iowa)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Feb. 23, 2005)
Commutation Grant: Prison sentence commuted to expire on July 28, 2015.

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Tuesday's Morning Email: Deal or No Deal?

The Morning Email
Tuesday March 31st, 2015
iran kerry

TOP STORIES

DEAL OR NO DEAL? "Iranian and American negotiators give themselves a 50-50 chance of reaching a nuclear agreement before Tuesday's deadline, with several notable disagreements remaining in the political framework." Here are five things to watch for as the Iran nuclear deal unfolds today. Chances are the decisions on the toughest issues under debate will be deferred. [Jessica Schulberg, HuffPost]

INDIANA CEOs PROTEST RELIGIOUS FREEDOM RESTORATION ACT "In a letter to Gov. Mike Pence (R) and state Republican leaders on Monday, the CEOs of nine different large companies headquartered in Indiana expressed concern that the state's controversial Religious Freedom Restoration Act would lead to discrimination against employees." Here are six major companies taking a stand. And take a look at The Indianapolis Star's front page, which blasts the law. [Sam Levine, HuffPost]

IRAQI MILITIAMEN PLAN TO BATTLE U.S.-BACKED COALITION IN YEMEN "Iran-backed Shiite militiamen in Iraq say they're ready to take up arms in a country most of them have never been to: Yemen. 'We defeated ISIS in Syria, we’re defeating ISIS in Iraq, and we’ll defeat them in Yemen,' Abu Kumael, a volunteer fighter with the powerful Iran-supported Shiite militia known as the Peace Brigades, told The WorldPost Monday. 'We’re not just talking. We’re physically ready to go and fight.'” Take a look at a primer on the ever-shifting alliances in the Middle East. [Sophia Jones, HuffPost]

POSSIBLE ANSWERS IN MYSTERIOUS WAVE OF CHILD PARALYSIS A recent study points to the long-suspected Enterovirus 68 as the culprit behind a rash of mysterious child paralysis across the country. [NYT]

U.S. CONFIRMS PROMISE TO CUT 28% OF EMISSIONS BY 2025 The White House plans to make the final announcement about the U.S.'s role in the global climate treaty today. [AP]

ONE DEAD, ONE INJURED AFTER TRYING TO RAM GATES OF NSA A police officer shot one man dead and injured another as the two rammed their car into the gates of NSA headquarters in Fort Meade, Maryland, yesterday. The two men were dressed as women, and authorities believe they may have made a wrong turn and kept driving when they saw a police presence as they had drug paraphanalia in the car. [Andres Jauregi, HuffPost]

THIS MAN WRONGLY SERVED ON DEATH ROW FOR 30 YEARS And a judge ruled he should not receive any restitution. [Kim Bellware, HuffPost]

MCDONALD'S IS TESTING ALL DAY BREAKFAST The post-10:30 struggle could end, people -- Egg McMuffins all.day.long. [AP]

WHAT’S BREWING

MEET YOUR NEW 'DAILY SHOW' HOST Everything you need to know about upstart Trevor Noah. And if Bill Simmons is to be believed, Noah got the offer after Comedy Central pursued Amy Schumer, Amy Poehler and Louis C.K. for the anchor spot. [HuffPost]

JAY Z JUST INTRODUCED THE ARTISTS' VERSION OF SPOTIFY, TIDAL The new streaming service, sponsored by Jay Z, Kanye West, Nicki Minaj and Madonna to name a few, is "being billed as the first artist-owned platform for music and video." It'll cost $10 monthly for standard sound quality and $20 monthly for premiere access. [AP]

NBC'S NEXT LIVE MUSICAL WILL BE 'THE WIZ' Please don't let it be a trainwreck. [AP]

BEHIND VICE'S NEW DAILY NEWS SHOW They promise not to be "slaves to the news cycle." [HuffPost]

LET'S GET DOWN TO BUSINESS Disney is finally making a live-action movie version of "Mulan." [Vanity Fair]

TAKE A LOOK AT YOUR CHILD'S HOCKEY HELMET "Virginia Tech researchers on Monday released the findings of a three-year look into the ability of 32 popular hockey helmets to protect against concussions -- the school's first investigation of hockey helmets. To put it mildly, the results are worrisome. The researchers, who used a five-star system to grade the helmets, found none safe enough to receive four or five stars, and only one worthy of three stars." [HuffPost]

WHAT'S WORKING

INTRODUCING HUFFPOST WHAT'S WORKING HONOR ROLL "From scientific breakthroughs to successful crime-reduction initiatives, the What’s Working Honor Roll highlights some of the best reporting and analysis, from a range of media outlets, on all the ways people are working toward solutions to some of our greatest challenges." [HuffPost]

ON THE BLOG

BARBRA STREISAND TALKS EMPLOYMENT RATES "In the wake of the financial crisis, President Obama took the helm of a sinking economic ship and help to right it. The unemployment rate is now once again at pre-recession levels -- the lowest in seven years (5.5%)." [HuffPost]

BEFORE YOU GO

~ The trick to shuffling cards.

~ How to keep drunk people from falling on Subway tracks.

~ J. J. Reddick, one of the most hated college basketball players, has decided to keep trolling us all.

~ Stephen Hawking wants to trademark his name.

~ The best main streets in America.

~ What the failure of Meerkat means for tech journalism.

~ Harvey Weinstein is facing sexual assault allegations.

~ Meet the lawyer defending Dzhokhar Tsarnaev, the Boston Bomber.

~ Watch these constellations change over the past hundred-thousand years.

~ And you have to love this newborn jaguar cub.


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