Arkansas Judge Will Rule re: Marriage Case

[Alnitak]

"Although marriage is not expressly identified as a fundamental right in the Constitution, the United States Supreme Court has repeatedly recognized it as such." p. 3

"...same sex couples fulfill all four factors to be considered a suspect or quasi-suspect classification." p. 4

"...the Equal Protection Clause prohibits classifications from being drawn for 'the purpose of disadvantaging the group burdened by the law,' Romer [1996]..." p. 4

"The exclusion of a minority for no rational reason is a dangerous precedent." p. 8

"'The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy... [Barnette (1943)]" p. 8

"Procreation is not a prerequisite in Arkansas for a marriage license." p. 9

"...the constitutional amendment... is driven by animus rather than a rational basis." p. 9

"The only effect the bans have on children is harming those children of same-sex couples..." p. 9

"...doctrinal developments render the decision in Baker no longer binding." p. 9

"The fact that a particular discrimination has been 'traditional' is even more of a reason to be skeptical..." p. 9

"...Justice Scalia noted in dissent, 'preserving the traditional institution of marriage' is just a kinder way of describing the State's moral disapproval..." p. 10

"The strength of our nation is in our freedom... right of due process and equal protection..." p. 11

"Our judiciary has failed such groups in the past." (references Dred Scott & Loving) p. 11

"Our freedoms are often acquired slowly, but our country has evolved as a beacon of liberty in what is sometimes a dark world." p. 12

 

[scream4ever]

And no stay either. I won't be at all surprised if one is refused by the state supreme court.

 

[Alnitak]

And no stay either. I won't be at all surprised if one is refused by the state supreme court.

Grrrreat!

Pulaski Co. clerk says he is prepared to issue licenses first thing Monday.

Judge Chris Piazza invalidates Arkansas's same-sex marriage ban

 

[rareboy]

"Although marriage is not expressly identified as a fundamental right in the Constitution, the United States Supreme Court has repeatedly recognized it as such." p. 3

"...same sex couples fulfill all four factors to be considered a suspect or quasi-suspect classification." p. 4

"...the Equal Protection Clause prohibits classifications from being drawn for 'the purpose of disadvantaging the group burdened by the law,' Romer [1996]..." p. 4

"The exclusion of a minority for no rational reason is a dangerous precedent." p. 8

"'The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy... [Barnette (1943)]" p. 8

"Procreation is not a prerequisite in Arkansas for a marriage license." p. 9

"...the constitutional amendment... is driven by animus rather than a rational basis." p. 9

"The only effect the bans have on children is harming those children of same-sex couples..." p. 9

"...doctrinal developments render the decision in Baker no longer binding." p. 9

"The fact that a particular discrimination has been 'traditional' is even more of a reason to be skeptical..." p. 9

"...Justice Scalia noted in dissent, 'preserving the traditional institution of marriage' is just a kinder way of describing the State's moral disapproval..." p. 10

"The strength of our nation is in our freedom... right of due process and equal protection..." p. 11

"Our judiciary has failed such groups in the past." (references Dred Scott & Loving) p. 11

"Our freedoms are often acquired slowly, but our country has evolved as a beacon of liberty in what is sometimes a dark world." p. 12

Oh thank you for this.

It made my day.

Now Springer can get marriaged.

 

[Alnitak]

The drama will unfold in coming days, but Eureka Springs has office hours on Saturday. It is unknown if the Carroll County clerk intends to issue licenses tomorrow. It is a small town near the border with Missouri, and being so late there might not be more information until the morning. Legally the district courthouse cannot refuse a license. In Utah there were a few counties that initially resisted, as was to be expected, before being threatened with lawsuits and the county attorneys advised them to proceed. The Carroll County clerk risks a civil rights lawsuit if she refuses, but we'll see.

 

[bankside]

Judge Chris Piazza invalidates Arkansas's same-sex marriage ban

He "invalidated" it in the same way that the iceberg "caused the Titanic to take on a bit of water."

Thank you for the quotes; they show someone who really gets it.

 

[Alnitak]

Eureka Springs is supposed to be some kind of gay oasis, so barring a stay there should be lots of happy couples tomorrow.

He "invalidated" it in the same way that the iceberg "caused the Titanic to take on a bit of water."

Thank you for the quotes; they show someone who really gets it.

They all do now. These bans are unravelling at an unprecedented pace.

 

[JackinSea]

Unless a higher court actually overturns the decision, I'm sure the federal govt will recognize marriages that take place before any stay is issued.

 

[scream4ever]

Unless a higher court actually overturns the decision, I'm sure the federal govt will recognize marriages that take place before any stay is issued.

Or IF any stay is issued.

 

[JackinSea]

All I can think of is that the AG must be covering himself in case he decides to run for another office later; however, I think he's naïve if he thinks that defending the law won't hide the fact that he's officially "against" it.

 

[scream4ever]

After some confusion (couples in line were initially told the office wouldn't be opening and to leave), the first license was issued in Eureka Springs just moments ago!

 

[Alnitak]

Arkansas clerk issues 1st gay marriage license

Carroll County Deputy Clerk Jane Osborn issued a license Saturday morning to Kristin Seaton, 27, and Jennifer Rambo, 26, of Fort Smith. They had slept in a Ford Focus after arriving in Eureka Springs at 2 a.m. Saturday and were the first of about 10 couples to line up outside of the courthouse before it opened.

 

[Alnitak]

After some confusion (couples in line were initially told the office wouldn't be opening and to leave), the first license was issued in Eureka Springs just moments ago!

The first deputy to arrive at the courthouse refused to issue licenses, citing the absence of the county clerk to give permission, and then used the lame excuse of wanting the attorney general's opinion. Note that Carroll County has two seats, and the main clerk's office is in Berryville, so the first one was obviously a lie. Anyway, I'm not surprised at all. We have seen such excuses before. Police then arrived to "disperse" the crowd. The second deputy, Jane Osborne, then arrived and happily issued licenses.

http://thenewcivilrightsmovement.co...ex-couples-licenses/marriage/2014/05/10/87093

There will also be a conference call at 2 p.m. today by the Association of Counties to discuss the ruling. This is Arkansas, and there are plenty of bigots out there. They know they cannot outright refuse, so there will be subtle attempts to try, e.g. lame excuses. We will find out soon enough what they intend to do.

http://www.arktimes.com/ArkansasBlo...o-issue-marriage-licenses-to-same-sex-couples

 

[JackinSea]

I'm fully confident that the counties will stall during the day on Monday, hoping for a stay.

 

[scream4ever]

I'm fully confident that the counties will stall during the day on Monday, hoping for a stay.

They can't, unless they wanna get sued (if a stay is not granted that is).

 

[Alnitak]

They can't, unless they wanna get sued (if a stay is not granted that is).

They can if they just plain close for the day.

 

[JackinSea]

"We're waiting for 'further guidance' here ..." as some did in Utah the first business day.

 

[Alnitak]

Bohemian might be a better term. It is known for its artists and bit of a tourist town. Also, quite a bit of pot in the area.

Arkansas isn't particularly harsh on gays, nor is it lacking in ACLU. As most rural states, it just takes a bit of time to get progress rolling.

Skirts over jeans are de rigueur.

- - - Updated - - -

"We're waiting for 'further guidance' here ..." as some did in Utah the first business day.

Oh man is that ever the juiciest lame excuse.

 

[T-Rexx]

Arkansas is the first "true" southern state to issue gay marriage licenses.

Although Maryland and Delaware are "officially" southern according to the US Census Bureau, Arkansas is the first state which was part of the old Confederacy to issue such licenses.

 

[Alnitak]

Chances are we will see quite a bit of stalling and playing dumb tomorrow. The head of the counties association was quite coy.

Piazza's lack of a stay caused confusion among county clerks, Association of Arkansas Counties executive director Chris Villines said.

"The court didn't give us any time to get the kinks worked out," Villines said.

Villines said after a conference call with county clerks from around the state he wasn't sure how many counties would being issuing same-sex marriage licenses Monday. Villines said county officials around the state were dismayed with the timing of Piazza's decision and that he didn't stay the ruling.

Arkansas issues same-sex marriage licenses

And one of the counties' attorneys was also coy,

Jason Owens, an attorney for four of the six counties named in the lawsuit over the gay marriage ban, said he'll ask Piazza on Monday for guidance on how to proceed.

"My clients want to follow the law. We just want to know what the law is, essentially," Owens said.

The law is you cannot refuse a license. It's really that simple.