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Judge says Arkansas gay marriage ban is unconstitutional Gay marriage license issued in Arkansas after judge strikes down ban
(about 14 hours later)
A judge has struck down Arkansas' ban on same-sex marriage, saying the state has "no rational reason" for preventing gay couples from marrying. An Arkansas clerk on Saturday issued the southern state's first gay marriage license, breaking a ban that voters put in place with a constitutional amendment 10 years ago.
Pulaski county circuit Judge Chris Piazza ruled on Friday that the 2004 voter-approved amendment to the state constitution violates the rights of same-sex couples. Carroll County Deputy Clerk Jane Osborn issued a license to Kristin Seaton and Jennifer Rambo of Fort Smith, Arkansas.
"This is an unconstitutional attempt to narrow the definition of equality," Piazza wrote. "The exclusion of a minority for no rational reason is a dangerous precedent." On Friday, judge Chris Piazza in Little Rock struck down the 2004 ban, saying there was no rational reason for it. Piazza did not issue a stay, so local clerks can decide whether to grant licenses. Most Arkansas courthouses are closed on Saturdays, but the one at Eureka Springs usually opens to issue marriage licenses.
The ruling came nearly a week after state attorney general Dustin McDaniel announced he personally supports gay marriage rights but that he will continue to defend the constitutional ban in court. McDaniel's office said he would appeal Friday's ruling. The state's Democratic attorney general Dustin McDaniel – who announced last week he supported the right of same-sex couples to marry but would nonetheless defend state law – said he would appeal the ruling to the state supreme court and asked it be suspended during that process.
An attorney for the group of same-sex couples challenging the prohibition said he hadn't talked with his clients and didn't know if they would seek marriage licenses when county offices open Monday morning. About 10 couples lined up on Saturday morning outside the Eureka Springs courthouse in northwest Arkansas, despite the fact that it wasn't clear at the start of the day whether any same-sex licenses would be issued. On Friday Jack Wagoner, an attorney for the group of same-sex couples who challenged the prohibition, had said of his clients: "If I was them, I would be there waiting for the door to open.”
"If I was them, I would be there waiting for the door to open," attorney Jack Wagoner said. Seaton, 27, and Rambo, 26, both of Fort Smith, Arkansas, were first in line on Saturday. They said they had been together four years.
The amendment banning gay marriage was passed with the overwhelming support of Arkansas voters. Piazza's ruling also overturns a 1997 state law banning gay marriage. Upon hearing about the judge's ruling, Seaton said her first thought had been: "Is this really happening?" The couple set out for the courthouse, but learned on the way there that it wouldn't be open on Saturday. Eureka Springs, a popular site for destination weddings in the Ozarks, was their next stop, after someone told them it was the most likely place to get a license.
In his ruling, Piazza cited the US supreme court's 1967 decision that invalidated laws on interracial marriage. Seaton and Rambo slept in their car after arriving at 2am Saturday, waking up every 30 minutes to make sure they were at the head of the line.
The US Supreme Court last year ruled that a law forbidding the federal government from recognising same-sex marriages was unconstitutional. Since then, lower-court judges have repeatedly cited the decision when striking down some of the same-sex marriage bans that were enacted after Massachusetts started recognising gay marriages in 2004. Arkansas' amendment against gay marriage was passed in 2004, with the overwhelming support of voters. Piazza's ruling also overturned a 1997 state law banning gay marriage. In striking down the ban, Piazza wrote that it is "an unconstitutional attempt to narrow the definition of equality".
Federal judges have ruled against marriage bans in Michigan, Oklahoma, Utah, Virginia and Texas, and ordered Kentucky, Ohio and Tennessee to recognise same-sex marriages from other states. "The exclusion of a minority for no rational reason is a dangerous precedent," he said in his ruling.
In all, according to gay-rights groups, more than 70 lawsuits seeking marriage equality are pending in about 30 states. Democratic attorneys general in several states including Virginia, Pennsylvania, Nevada, Oregon and Kentucky have declined to defend same-sex marriage bans. The head of the Human Rights Campaign, the largest US lesbian, gay, bisexual and transgender civil rights, praised Piazza's ruling.
The head of the Human Rights Campaign, the largest US lesbian, gay, bisexual and transgender civil rights, praised the ruling.
"This victory is an essential step on the journey toward full equality for all," said HRC president Chad Griffin, an Arkansas native."This victory is an essential step on the journey toward full equality for all," said HRC president Chad Griffin, an Arkansas native.
But the leader of the group that campaigned for the ban said the judge was undermining the will of voters.But the leader of the group that campaigned for the ban said the judge was undermining the will of voters.
"This ruling undermines marriage because once people start redefining marriage, there seems to be no place to stop," Arkansas Family Council president Jerry Cox said."This ruling undermines marriage because once people start redefining marriage, there seems to be no place to stop," Arkansas Family Council president Jerry Cox said.
The US supreme court last year ruled that a law forbidding the federal government from recognising same-sex marriages was unconstitutional. Since then, lower-court judges have repeatedly cited the decision when striking down some of the same-sex marriage bans that were enacted after Massachusetts recognised gay marriage in 2004.
Federal judges have ruled against bans in Michigan, Oklahoma, Utah, Virginia and Texas, and ordered Kentucky, Ohio and Tennessee to recognise same-sex marriages from other states.
In all, according to gay-rights groups, more than 70 lawsuits seeking marriage equality are pending in about 30 states. Democratic attorneys general in several states – including Virginia, Pennsylvania, Nevada, Oregon and Kentucky – have declined to defend same-sex marriage bans.
Arkansas' ruling came a week after McDaniel became the first statewide elected official to announce that he personally supports gay marriage rights. Aaron Sadler, McDaniel's spokesman, said on Friday the attorney general sought the stay because "we know that questions about validity of certain actions will arise absent a stay".