After moving the deadline for lawyers for the plaintiffs to respond to the Attorney General’s motion to stay Judge Chris Piazza’s ruling up to today at 2pm, the Arkansas Supreme Court has decided to stay the ruling pending appeal.
Over 540 couples have obtained marriage licenses in Arkansas over the past week. The Human Rights Campaign has asked that the Justice Department extend federal recognition to the married couples.
Pulaski County Circuit Judge Chris Piazza revised his ruling today, declaring that a law that prohibited county clerks from issuing marriage licenses to same-sex couples was just as unconstitutional as laws that prohibited gay marriage. Pulaski County issued eleven licenses between the ruling and the close of business, while Washington County will resume giving licenses out tomorrow. Four other counties are waiting to hear from their lawyers or the state Supreme Court before issuing licenses again.
Arkansas Attorney General Dustin McDaniel has asked the state Supreme Court for an emergency order to stop all this homomarryin’ despite his personal belief that same-sex couples deserve the right to get married. Lawyers for gay couples have until noon to respond.
The state Health Department said it would no longer change birth certificates if both parents in same-sex couple want to be listed as parents while Piazza’s rule is being reviewed.
Legislators in Arkansas seem to have moved on from trying to impeach Piazza to discussing a non-binding resolution asking the state Supreme Court to keep the ban on gay marriage in place.
Last week, Arkansas Judge Chris Piazza found the state’s constitutional ban on gay marriage violated the U.S. Constitution. Arkansas Attorney General Dustin McDaniel, who has said that he personally supports marriage equality, but still defends the ban against it, subsequently began filing as many appeals and motions to stay the ruling pending appeal as he could possibly lay his hands on. Meanwhile, five Arkansas counties began issuing marriage licenses to same-sex couples, while the rest decided to wait until the Supreme Court weighed in. I’m assuming the Mississippi River didn’t turn into blood or anything because both Piazza and the Arkansas Supreme Court denied the motions to stay, and the Supreme Court denied the appeal because it was filed before Piazza issued his final order. My supervisor is standing over me with a spiked club at the moment, so I won’t be making any jokes about being premature at this point. I apologize.
Surely it’s wedded bliss for these couples during the forthcoming appeal process, yes? They don’t have to carry around those documents proving they’re their husband’s husband in case of an emergency any more, right? Well, maybe. I think? When the Arkansas Supreme Court denied the motion to stay, they also pointed out that Piazza’s ruling didn’t mention a state law prohibiting county clerks from issuing marriage licenses to same-sex couples. Attorneys for the plaintiff couples will likely ask Piazza to address this issue in his final order.
Since the Supreme Court pointed out the remaining law, county clerks have stopped issuing licenses. 456 couples have received licenses and can still get married. Everyone else has to wait at least until Piazza issues his final order and McDaniel files an appeal when he’s supposed to.
I just saved you from going through a million links that read “Gay Marriage in Arkansas!’ “No Gay Marriage in Arkansas!” “Arkansas Supreme Court Denies Appeal in Gay Marriage Case!” “You Can Get Married!” “No, You Can’t!” You’re welcome.