State, where the defendant was found guilty of "disregarding the laws of nature". The first reported sodomy case occurred in 1921 in Smith v. In 1838, Arkansas instituted the first statute against homosexual activity with a provision which read: "Every person convicted of sodomy or buggery will be imprisoned in the state penitentiary for not less than five years nor more than 21 years." In 1864, the Arkansas General Assembly raised the penalty to death, though this was repealed 9 years later, and the initial penalty was re-established. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. Same-sex sexual activity is legal in Arkansas. state of Arkansas may face some legal challenges not experienced by non- LGBT residents. Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. ( Arkansas Department of Human Services v. Sexual orientation and gender identity covered in employment anti-discrimination laws statewide since 2020 ( Don't Ask, Don't Tell Repeal Act of 2010), gender identity allowed since 2021
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