John M. Becker

Arkansas Supremes Reject Stay, Still Manage to Confuse

Filed By John M. Becker | May 14, 2014 7:10 PM | comments

Filed in: Marriage Equality, Politics
Tags: Arkansas, federal court, gay marriage, marriage discrimination, marriage equality, same-sex marriage

arkansas.jpgThe Arkansas Supreme Court has rejected the state attorney general's request to stay a ruling striking down the state's marriage discrimination amendment. But as the Arkansas Times reports, they still managed to be confusing:

Marriage equality remains the law of the land in Arkansas, but the court injected a wrinkle that will give counties cover to continue to refuse marriage licenses to same-sex couples.

The court noted that Piazza's ruling didn't mention a statute that prohibits clerks from issuing marriage licenses to same sex couples. Action will now shift to Piazza's court to pursue final orders, injunctive relief and a cleanup on the omitted statute.

Said Jack Wagoner, attorney for the plaintffs: "We'll fix that tomorrow and be back here again.... How can you order find something unconstitutional but not affect a statute that would require the clerks to do something unconstitutional?"...

At a minimum, this reads as clear protection for the 73 counties that have chosen not to issue licenses despite Piazza's order. Pulaski and Washington have continued to do so.

To be continued...

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