Tuesday, December 23, 2014

ARKANSAS: AG To Appeal Stayed Marriage Equality Ruling To Eighth Circuit Court

Back in May, Arkansas Attorney General Dustin McDaniel declared that while he personally supports same-sex marriage, he would be defending his state's ban. Today he announced his intent to appeal last month's stayed ruling to the Eighth Circuit Court.
McDaniel had said previously he would wait to make a decision on an appeal until the Arkansas Supreme Court ruled in a separate case challenging the state's bans on same-sex unions. That court has not yet released its decision. “I had hoped that the Arkansas Supreme Court would rule in Wright v. Smith prior to the deadline to file notice of appeal in the federal case," McDaniel said in a statement. "Had they done so, their guidance would have been helpful. Because it appears that the Arkansas Supreme Court will not announce its decision before December 26, which is the deadline to submit a notice of appeal in the federal case, I believe it is necessary to file this notice, in keeping with my obligation to oppose all challenges to our State Constitution." Online federal court records show a notice of appeal was formally filed shortly before 2 p.m.

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Saturday, October 18, 2014

ARKANSAS: Federal Court Denies State's Request To Delay Marriage Case

Via the Associated Press:
A federal judge has denied Arkansas’ request to delay proceedings in a lawsuit challenging the state’s constitutional ban on gay marriage.  Attorney General Dustin McDaniel earlier this year asked the court to put the case on hold until the U.S. Supreme Court ruled in a case involving Utah’s gay marriage ban. Last week, the high court declined to consider appeals in that case and four others. On Friday, U.S. District Judge Kristine Baker rejected McDaniel’s request as moot.
Back in May a state judge struck down the Arkansas ban and over 500 couples received marriage licenses before a stay was issued by the state Supreme Court one week later.

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Thursday, October 09, 2014

ARKANSAS: Marriage Case To Proceed After State Supreme Court Lifts Delay

The Arkansas Supreme Court today rejected a delay request by state Attorney General Dustin McDaniel, setting the stage for a ruling in the appeal of the case that allowed 500 same-sex couples to obtain marriage licenses before a stay was issued in May. Marriages were stopped for the first time when it was learned that the overturn of the state constitutional ban by Pulaski County Circuit Judge Chris Piazza did not also strike down a statutory ban on clerks issuing licenses to same-sex couples. Piazza then issued a strike down of that ban as well, after which the state Supreme Court issued its stay. State GOP legislators have vowed to impeach or recall any justice that votes in favor of same-sex marriage.

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Wednesday, May 14, 2014

ARKANSAS: AG Again Seeks Marriage Stay From State Supreme Court

For the second time in three days, Arkansas Attorney General Dustin McDaniel today pressed the state Supreme Court to issue a stay on last Friday's marriage ruling.
Responding to a request filed by lawyers for gay couples seeking the dismissal of his appeal, Attorney General Dustin McDaniel's office asked the court to suspend Pulaski County Judge Chris Piazza's ruling striking down a 2004 constitutional amendment approved by voters and a similar 1997 state law. Piazza ruled Friday that the prohibition violates the U.S. and Arkansas constitution. About 400 marriage licenses have been issued to same-sex couples since Piazza's ruling. Only Pulaski and Washington, two of the state's most populous counties, were still issuing licenses to gay couples, and clerks in both locations said they would do so until a Supreme Court order told them otherwise.
Today's filing by McDaniel agreed with a complaint filed Monday in Carroll County, where Eureka Springs clerks suspended the issuing of same-sex marriage licenses after a local attorney pointed out that a separate state law specifically prohibits them from doing so. Piazza's ruling last week apparently only overturned the ban in the state constitution.

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Friday, May 09, 2014

ARKANSAS: Attorney General Supports Gay Marriage But Will Appeal Ruling

"We respect the Court’s decision, but, in keeping with the Attorney General’s obligation to defend the state constitution, we will appeal. We will request that Judge Piazza issue a stay of his ruling so as not to create confusion or uncertainty about the law while the Supreme Court considers the matter." - Spokesman for Arkansas Attorney General Dustin McDaniel, who last week endorsed marriage equality.

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