Friday, May 9, 2014

Arkansas: Federal judge rules state ban on marriage equality is unconstitutional - does NOT issue stay on ruling


Today, a federal judge in Arkansas declared the state's ban on marriage equality to be unconstitutional.

On top of that, the judge did NOT issue a stay on the ruling.  Although country clerks offices were closed by the time of the ruling, expect a flood of applicants first thing Monday morning.

From the Arkansas Times:

Circuit Judge Chris Piazza today invalidated the Arkansas ban on same-sex marriage and recognition of marriages legally entered by same-sex couples in other states.

An appeal is expected.

The judge did not stay his ruling, though the state probably can be expected to request a stay.

Pulaski County Clerk Larry Crane said he'd be ready with software to issue gender-netural marriage licenses Monday morning.

The lawsuit challenged both the state constitution and statutory bans. Piazza's 13-page ruling struck down both statute and constitutional ban. He noted that tradition wasn't sufficient to continue a bar to interracial marriage.

Arkansas Attorney General Dustin McDaniel issued this statement after the ruling: "We respect the Court’s decision, but, in keeping with the Attorney General’s obligation to defend the state constitution, we will appeal. We will request that Judge Piazza issue a stay of his ruling so as not to create confusion or uncertainty about the law while the Supreme Court considers the matter."

AG McDaniel has expressed his support of marriage equality recently, but has said he will defend the law as he sees it to be his obligation.

One very important part of the judge's opinion comes in the final paragraph of the ruling:

"It has been over forty years since Mildred Loving was given the right to marry the person of her choice. The hatred and fears have long since vanished and she and her husband lived full lives together; so it will be for the same-sex couples.

"It is time to let that beacon of freedom shine brighter on all our brothers and sisters. We will be stronger for it."


Bolding mine :)

Celebrate kids! Happy Dance Time!

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