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."
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