Friday, May 9, 2014

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

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.

The order came after county clerks offices closed for the week. But they can expect a flood of applicants Monday morning. Pulaski County Clerk Larry Crane said he'd be ready with software to issue gender-neutral 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.

Piazza stated:
Due Process and Equal Protection are not hollow words without substance. They are rights enumerated in our constitution that must not be construed in such a way as to deny or disparage other rights retained by the people.
He also said "tradition alone cannot form a rational basis for a law."

No comments: