ARKANSAS: What Will Happen Tomorrow?

The Associated Press reports that 15 same-sex couples were issued marriage licenses yesterday in Eureka Springs, Arkansas before the office closed at 1PM with many couples still in line. County clerks across the state took part in a conference call yesterday afternoon to discuss what they will do tomorrow. Via the Arkansas Times:

Some feathers seem likely to be ruffled Monday morning. A number of clerks already have received inquiries from same-sex couples hoping to be married. But the consensus of the session — led by opinions from David Hogue in Conway, Ralph Ohm in Hot Springs and George Spence in Bentonville — was that the lack of proper forms was an adequate ground to refuse issuance of a license to a same-sex couple because otherwise the clerks would be issuing an incorrect document that could ultimately cause legal problems. Ohm suggested counties shouldn't hurry the process of getting proper forms ready.

All are hoping to get a stay to call a halt to procedural confusion at least for the time being. Several said they didn't expect Piazza to issue a stay, however, because they said he'd been requested to do so at a hearing in advance of his ruling. The attorney general and others will then turn to the Supreme Court. They'll be prepared to act quickly, but it was estimated that process could take up to three days. Spence, the Benton County attorney, said that as a non-defendant in the case he didn't view the ruling as binding on him.

Others seemed to agree with that. But Spence also criticized a software excuse. "If the judge's order is not stayed, you can do a marriage license on a piece of paper with a typewriter. I don't really think much of the idea of saying our software won't get it done." The clerks have an obligation to issue licenses and they did that for years without computers, he said.

Seven Arkansas counties were named a defendants in the suit that was ruled upon on Friday.