ARKANSAS: Three Gay Couples Sue State Over Children's Birth Certificates

Via the Associated Press:

Three same-sex couples sued Arkansas health officials Monday for refusing to name both spouses on their children's birth certificates, arguing the state is violating their constitutional rights after gay marriage was legalized nationwide. The married women said in the lawsuit filed in Pulaski County Circuit Court that the state Health Department would list only the biological mother on the birth certificate, and said they were told they would need a court order to name both spouses. The couples sought the birth certificates after last month's U.S. Supreme Court ruling striking down gay marriage bans nationwide. The lawsuit says not providing the birth certificates "(deprives) these children of the dignity, legitimacy, security, support and protections provided to children of heterosexual couples, regardless of marital status."

A spokesman for the state has refused to comment.

ARKANSAS: Another Renegade Clerk

After consulting with the Liberty Counsel, the county clerk of Van Buren County, Arkansas has distributed a memo which declares that her office will not be issuing same-sex marriage licenses.  Via the Arkansas Times:

Pam Bradford, the Van Buren County clerk, circulated this memo to all county clerks today announcing her intention to defy the U.S. Supreme Court and have her office refuse to issue marriage licenses. She was out of the office when I called, but an employee confirmed the memo and said, as yet, no same-sex couples had presented themselves in the county to obtain a marriage license. Bradford's resistance is contrary to the position taken by both Gov. Asa Hutchinson and Attorney General Leslie Rutledge. Even the anti-gay Family Council, which is promoting ways in which people opposed to marriage can avoid participation in the process, distributed the advice from another religious legal organization that the best means to avoid compliance is to have someone else who is willing to do the work do it in place of someone with objections. Bradford has taken this a step farther. Bradford is a Republican and attends Shirley First Baptist Church according to her Facebook page. The clerk's office is in Clinton.

Van Buren County has a population of 17K and bans the sale of alcohol. (Tipped by JMG reader Jordan)

UPDATE: Has she caved already?

Channel 4's Greg Yarbrough tells me at 5 p.m. that reporter Marci Manley has talked with Van Buren Clerk Pam Bradford, who has not returned my calls. She tells Manley that she's spoken with an Arkansas attorney, Mike Rainwater, who provides legal advice to county governments through the Association of Arkansas Counties, and is now saying she will issue marriage licenses — and treat customers "with respect." This followed by about an hour a phone message to me from Mathew Staver, head of the Liberty Counsel in Texas, which said it had agreed to represent Bradford to defend her in resisting issuance of licenses. Moral: Local advice better than that of outside agitator.

Marriage Returns To Arkansas

Matt Baume: Marriage News Watch

"With the Supreme Court due to rule on marriage any day now, Presidential 'candidate' Rick Santorum says he would fight back against a pro-equality ruling. He says that states allowing gay and lesbian couples to marry is a violation of his religious freedom, which is an argument a lot people made about interracial marriage in the 60s. So do couples need to worry about the possibility that Rick Santorum could stop them."

BREAKING: Judge Orders Arkansas To Recognize 500+ "Window" Marriages

Via the Associated Press:

A judge ordered Arkansas officials on Tuesday to recognize more than 500 same-sex marriages performed in the state last year, a move that will let the couples enjoy a host of benefits such as filing taxes jointly and enrolling together in state health insurance plans. Pulaski County Circuit Judge Wendell Griffen validated marriage licenses that were issued to same-sex couples after another judge struck down the state's gay marriage ban. The state Supreme Court halted the distribution of marriage licenses to gay couples after a week in May 2014 and is considering the appeal over a voter-approved same-sex marriage ban. Some of the same-sex couples who married in Arkansas last year filed a lawsuit in February alleging that the state was violating their rights by not recognizing the unions. Griffen's ruling means the couples can file taxes jointly, appear jointly on a child's birth certificate, enroll together on state health insurance plans and even file for divorce. Griffen was among a number of people who presided over same-sex marriage ceremonies in May 2014.

A nice bit of "momentum" for what is coming later this month, indeed.

ARKANSAS: Judge To Rule This Week On 500+ "Window" Same-Sex Marriages

Via the Associated Press:

A judge says he'll rule in the next two days on whether Arkansas should recognize more than 500 same-sex marriages performed in the state last year. An attorney for two of the couples told Pulaski County Circuit Judge Wendell Griffen that her clients' rights were being deprived by the state not recognizing their marriage licenses. The state Supreme Court halted the distribution of marriage licenses to gay couples after a week in May 2014 and is considering the appeal over a voter-approved same sex marriage ban. The couples are seeking the recognition so they can enjoy a host of benefits, including filing taxes jointly and enrolling together on state health insurance plans.

Talk about last minute. (Tipped by JMG reader John)

Arkansas Pol Has The Gay Pride Sadz

"How many parades do you know of that are scheduled to take place on a Sunday? Have you ever wondered why they chose a Sunday to conduct a parade? I believe it is because they understand that the lifestyle they are glorifying on our streets is considered sin by every Bible-believing Christian and they use their parade on a day reserved to worship God and reverence the Lord to mock Christians. I object to Mayor Townsell and the Conway City Council continuing to allow people, many of whom do not even live in our community, to parade down our streets on a Sunday and accuse Christians of being 'bigots' because they believe the Bible teaches that homosexuality is sin. This is truly one of the most offensive public displays against Christians you will find anywhere in our state and especially offensive because they have specifically chosen Sunday to try and intimidate people who believe in the Word of God." - Arkansas state Sen. Jason Rapert, in a lengthy rant on his Facebook page.

PREVIOUSLY ON JMG: Rapert calls for dropping nuclear bombs on ISIS-controlled regions of the Middle East. Rapert calls for the impeachment of the "dictator" President Obama because he has "denounced the well-documented fact that America is a Christian nation." Rapert calls for impeaching the federal judge who overturned the Arkansas ban on same-sex marriage.

ARKANSAS: Eureka Springs Voters Block Repeal Of LGBT Rights Bill

Some great news tonight:

People in Eureka Springs voted Tuesday to keep a measure that would prohibit the city and private businesses from discriminating against someone based on their sexual orientation and gender identity. The unofficial final tally was 579 votes in favor of ratifying Ordinance 2223, approved by the city council in February. 231 people voted in favor of repealing the law. Voting began one week ago. The law is similar to an anti-discrimination ordinance passed by Springfield's city council, that was later repealed by voters.

More than 2-1!

ARKANSAS: Hot Springs Passes LGBT Rights Bill Despite Statewide Ban

Two weeks ago Arkansas capital Little Rock flipped its middle finger to the state legislature. Last night the town of Hot Springs did the same.

The Hot Springs Board of Directors has passed an ordinance that would prohibit the city and its vendors from discriminating against people based on their sexual orientation or gender identity. The board voted 6-1 to approve the ordinance Tuesday night. The anti-discrimination ordinance applies to all city departments regarding hiring practices and conduct by city employees. District 3 Director Becca Clark, the sponsor of the ordinance, said it was necessary because it was the right thing to do for business. She said Hot Springs should show that it is welcoming to everyone. Some local legislators, like Republican state Rep. Laurie Rushing, spoke against the ordinance. Rushing said the ordinance promotes discrimination because it doesn't cover all protected classes. Supporters and opponents of the ordinance gathered for a rally outside City Hall before the vote.

Earlier this year Arkansas joined Tennessee in banning municipalities from including sexual orientation and gender identity in local anti-discrimination ordinances. The votes by Little Rock and Hot Springs officials could set the stage for challenging these bans. A similar ordinance in Fayetteville, Arkansas was repealed in December after an anti-LGBT campaign led by the Duggar family. Last last month Arkansas Attorney General Leslie Rutledge approved a referendum to repeal the statewide ban. Below is a local news report on last night's vote.

Eighth Circuit Court Punts On All Cases

"On the court's own motion, oral arguments and any further consideration of these cases will be deferred pending the Supreme Court of the Unites States' decisions in James Obergefell v Richard Hodges."

ARKANSAS: AG Approves Referendum To Repeal Law Banning LGBT Rights

Via the Associated Press:

An effort to repeal a new Arkansas law preventing local governments from extending anti-discrimination protections to gays and lesbians moved closer toward appearing on next year’s ballot Thursday after the state’s attorney general gave initial approval to the referendum. Attorney General Leslie Rutledge certified the proposed ballot measure, which would have voters decide whether to keep the law prohibiting cities and counties from banning discrimination not covered in state law. Arkansas’s civil rights law doesn’t include sexual orientation or gender identity. Rutledge’s certification means supporters of the measure can begin gathering the roughly 51,000 signatures from registered voters needed to put the proposal on the 2016 ballot. The signatures must be submitted by late July, when the law is set to take effect.

(Tipped by JMG reader Lulu)

ARKANSAS: Christian Leader Of LGBT Rights Repeal Movement Exposed As Convicted Serial Rapist

From You Can't Make It Up Headquarters:

The Arkansas Times has confirmed that a Baptist preacher in Eureka Springs who features prominently in a new video urging repeal of the city's Ordinance 2223, which protects LGBT people from discrimination, pleaded guilty to a series of violent rapes in Oklahoma in 1977.

Acra Lee Turner, 60, currently serves as a pastor of Penn Memorial Baptist Church in Eureka Springs. In an interview with the Times, he confirmed that he is the same Acra Lee Turner who, as a 22-year-old man, was convicted of three counts of rape in Stephens County near Lawton, Okla. In April 1977, he was sent to prison for three concurrent sentences of 30 to 60 years for those crimes, including — according to this story from an Oklahoma newspaper — the rape of an 80-year old woman who was beaten so badly that she was almost unrecognizable.

Turner was released in August 2000. According to reports in The Oklahoman and Tulsa World newspapers, the victims and their relatives repeatedly petitioned the Oklahoma Pardon and Parole Board to keep him in prison. According to The Oklahoman, Turner’s first victim delivered 4,861 signatures to the Pardon and Parole Board in 1991. It was the sixth such petition she’d delivered."It's been difficult, but this is the only way I can stay ahead of him," the victim told The Oklahoman in 1992. "I believe if he gets out, he will commit the crime again, and this time he won't leave a witness. "

Here's the pro-repeal clip.

ARKANSAS: Little Rock Approves LGBT Rights Bill Despite New Statewide Ban

The capital city of Arkansas just flipped its middle finger to the state legislature. Via the Associated Press:

Little Rock officials voted Tuesday to prohibit the city and companies contracting with it from discriminating based on sexual orientation or gender identity, challenging a new Arkansas law criticized as anti-gay. The ordinance approved by the city's board on a 7-2 vote bans discrimination against lesbian, gay, bisexual and transgender people in hiring and city services, including those offered through outside vendors. Little Rock is among several Arkansas cities trying to expand anti-discrimination protections after the state faced a backlash over religious objections measures that critics said were discriminatory. Supporters say the move is needed to counter the impression left by the state adopting those laws. "I think we're sending a message that we're a welcoming community, that we're diverse, that we realize that's good for business, that we value all of our citizens," said City Director Kathy Webb, the sponsor of the proposal. "I think that's very important to make that kind of statement for Little Rock."

Earlier this year Arkansas joined Tennessee in banning municipalities from including sexual orientation and gender identity in local anti-discrimination ordinances. Yesterday's vote by Little Rock officials could set the stage for challenging these bans. A similar ordinance in Fayetteville, Arkansas was repealed in December after an anti-LGBT campaign led by the Duggar family.

More about last night's vote from the Arkansas Times:

After the vote, ACLU staff attorney Holly Dickson said that the measure, while not as broad as the LGBT protection ordinance in Eureka Springs, is a positive step toward a better Little Rock. "It's a great day for Little Rock," Dickson said. "We're sending the right message to the people who live here, to the people in our state and to people around the world: that we welcome everyone and we want to treat everyone fairly and equally." Dickson said the way the measure is written, it would be hard to foresee it being brought to the ballot as seen with the repeal of 119 in Fayetteville. "We'll have to wait and see," she said. "It's hard to see how somebody could really take issue, but there again, anything is possible."

Barbara Mariani of the Stonewall Democrats was all smiles as well, concurring with Dickson that the Little Rock measure isn't as open to a ballot challenge as the Fayetteville Ordinance. "I think the wording of this ordinance is very different, and so the legal issues are different and the arguments are different. It's a little bit harder to argue against this one. The Fayetteville ordinance was very hard to understand. This one is very clean, and I think it'll help a lot of people understand it better. So hopefully you won't get as many objections."

15 AGs To Supreme Court: Same-Sex Marriage Will Cause Incalculable Damage

The attorneys general of fifteen states have filed an amicus brief with the Supreme Court in which they predictably argue that a ruling in favor of same-sex marriage will "irretrievably" destroy their right to self-government. From the brief: 

The Constitution takes no sides on same-sex marriage, and therefore leaves the issue up to the free deliberations of state citizens. The fact that Americans have reached different conclusions about this novel question is not a sign of a constitutional crisis that requires correction by this Court. It is rather a sign that our Constitution is working as it should. In our federal system, this issue must be resolved by the "formation of consensus" at the state level. To resolve it instead through federal judicial decree would demean the democratic process, marginalize the views of millions of Americans, and do incalculable damage to our civic life in this country.

While the brief cites Loving several times and acknowledges that there are "constitutional guarantees" on the equal application of marriage laws, somehow those guarantees do not apply to LGBT Americans.

ARKANSAS: Gov Appoints Gay Adoption Opponent To Hear Marriage Case

Via the Arkansas Times:

Gov. Asa Hutchinson has appointed three special justices to fill openings on the Arkansas Supreme Court in a case to decide which justices should rule on the lawsuit challenging the ban on same-sex marriage. They are former Republican senator Shawn Womack, now a circuit judge in Mountain Home; former Republican attorney general candidate and former appointed Supreme Court Justice Betty Dickey, and Brett Watson, a Searcy lawyer. No word yet on how quickly the three are expected to come up to speed on the question carved off as a separate case by Justices Courtney Goodson, Karen Baker, Jo Hart and Robin Wynne. When a legislator, Shawn Womack introduced, but didn't pass, a bill to prohibit adoptions by homosexuals. Not that discrimination against homosexuals is squarely at issue in who decides how to rule on the marriage case. Or is it? Womack failed, but voters in 2008 approved an initiated act to accomplish Womack's aim. The Arkansas Supreme Court struck it down as unconstitutional, but the membership in that court has changed dramatically, even more so in this special derivative case.

The case is separate from the one to be heard next month by the Eighth Circuit Court, which will also hear the cases out of Missouri, Nebraska, and South Dakota.

ARKANSAS: Governor Vows To Replace Supreme Court Justices Who Recused Themselves From Same-Sex Marriage Case

Via the Arkansas News:

Gov. Asa Hutchinson said Thursday he plans to move quickly to appoint special justices to replace members of the state Supreme Court who recused themselves from a new case spun off from a challenge to Arkansas’ ban on gay marriage. On Wednesday, Chief Justice Jim Hannah and Justice Paul Danielson recused themselves from a new case that a majority of the justices recently created to resolve procedural issues in the gay marriage case. Hannah and Danielson both said they saw no need for the new case, and Hannah accused the majority members of seeking to delay ruling on gay marriage. Also, Justice Rhonda Wood recused herself from the new case last week. The new case was created to determine whether the court should hear new oral arguments, with new members who joined the court in January participating, or should rule based on the record, written arguments already submitted and oral arguments that were presented Nov. 20.

The Eighth Circuit Court will hear oral arguments in a separate Arkansas marriage case on May 12th.

ARKANSAS: Two State Supreme Court Justices Recuse From Marriage Case

Via Arkansas News:

Two Arkansas Supreme Court justices on Wednesday recused themselves from a newly created case to determine how the court should proceed in a lawsuit challenging the state’s ban on same-sex marriage. Both of the justices said they see no need for the new case, and one accused the court’s majority of creating the new case as a way to delay ruling on gay marriage. Chief Justice Jim Hannah and Justice Paul Danielson wrote letters explaining their decisions not to participate in the new case, which the court created April 2 to resolve a dispute over which justices should hear the gay marriage case.

The state is appealing a Pulaski County circuit judge’s ruling last May that the state’s ban on same-sex marriage is unconstitutional. The court heard oral arguments in the case Nov. 20, but it had not ruled by the time two new justices, Rhonda Wood and Robin Wynne, joined the court in January. Wood was elected to replace Justice Cliff Hoofman, who did not take part in the Nov. 20 oral arguments because he had recused himself. Former Gov. Mike Beebe appointed Robert McCorkindale as a special justice to hear the case in place of Hoofman. Wynne was elected to replace Justice Donald Corbin, who retired.

The case is separate from the one to be heard next month by the Eighth Circuit Court, which will also hear the cases out of Missouri, Nebraska, and South Dakota.

Eighth Circuit Court Sets May 12th Details For Marriage Cases Out Of Arkansas, Missouri, Nebraska, & South Dakota

It seems unlikely that we'd get a decision before the Supreme Court. But we've been surprised many times.

ARKANSAS: Pro-LGBT Church Banned From Eureka Springs Easter Parade

Ozarks First reports:

Eureka Springs Celebrate Jesus Easter parade made its way through downtown Saturday afternoon, but one church was left on the sidelines. First United Methodist of Eureka Springs applied to be in the parade, and was initially accepted. One week before the parade, however, they were told they were no longer welcome. Church member Suzie Bell believes it's because of their stance on the LGBT community. "They wanted to know what our banner was going to say, and it said "Jesus loves all. They had decided that they did not want us in the parade, and that we weren't welcome." Bell said. Bell says the Methodist Church has recently become a "reconciling congregation" meaning they are publicly welcoming of the LGBT community. Bell says that is the reason they weren't allowed in. "It was based purely on our love and acceptance of the LGBT community." Bell said.

A spokesperson for the parade issued a statement.

"This day isn't a day of pointing fingers or playing the blame game. This parade is to honor our Lord and Savior and for praising God for sending His only Son who willingly went to the cross, died and rose on the third day that when we repent of our sins and accept Him. We have the promise of eternal life with the Lord. But more that that He carries us each day that we are on this earth. We are all sinners redeemed by the grace of God. We believe that the Bible is the un compromised Word of God inspired by the Holy Spirit. Regardless of what has been stated in the papers. We do not have anything against the Methodist Church. After all my uncle was a Methodist minister. Nor do we have anything against the homosexual community. When I worked downtown I had homosexual people that I considered my friends and still do."

Ozarks First notes that the statement does not actually give a reason for banning the church.

ARKANSAS: Gov. Asa Hutchinson Signs Amended Version Of RFRA Bill

CNN reports:

Arkansas Gov. Asa Hutchinson signed a religious freedom measure into law on Thursday after state lawmakers overhauled their proposal so that it mirrors the federal law. In the wake of intense backlash against a similar law in Indiana, first-term Republican governor had rejected the first version Arkansas lawmakers had sent to his desk, instead asking for two tweaks so there would be no daylight between his state's law and the one President Bill Clinton signed in 1993. "I think it's sending the right signal, the way this has been resolved, to the world and the country that Arkansas understands the diversity of our culture and workforce but also the importance of balancing that with our sincerely held religious convictions," Hutchinson said Thursday afternoon.

There's also this:

Meanwhile, Hutchinson said, he's considering signing an executive order that bars discrimination among the state's workforce. "The issue has become divisive because our nation remains split on how to balance the diversity of our culture with the traditions and firmly held religious convictions," Hutchinson said then. "It has divided families, and there is clearly a generational gap on this issue." Case in point, Hutchinson said: His son Seth signed a petition asking him to veto the bill — and also gave his father permission to tell reporters he'd done so.

So at the end of all this mess, in Arkansas at least, it appears that the wingnuts get a relatively toothless "religious freedom" bill and we might get protections for state employees. Still standing is the bill that repeals local LGBT rights ordinances.

UPDATE: The ACLU reacts.

Gov. Asa Hutchinson today signed SB 975 into law, a revised bill that sought to improve upon Religious Freedom Restoration Act HB 1228, which closely resembled Indiana’s controversial RFRA. In doing so, he rejected the earlier HB 1228, which, like Indiana’s divisive law, allowed anyone to use their religious beliefs to claim that they have a right to refuse to follow virtually any law, including nondiscrimination laws.

The revised version was proposed following Gov. Hutchinson’s acknowledgement yesterday of HB 1228’s significant flaws, yet it falls short in protecting against the use of religion to avoid following laws that protect Arkansans from harm. The new RFRA can still be invoked to justify discrimination against gay and transgender people, people of color, minority faiths, women, and other Arkansans at risk.

We are grateful that Gov. Hutchinson and members of the General Assembly have listened to the loud outcry in opposition to HB 1228 and have enacted a new proposal. But this new law fails to protect against the use of religion to discriminate against and harm others. Religious liberty is a fundamental value that the ACLU of Arkansas has been working to uphold since 1969. We will be vigilant and ensure that the shield of religious freedom doesn't become a sword used to harm others in the State of Arkansas.