Arkansas Judge Strikes Down State’s Gay Marriage Recognition Ban

A county circuit judge in
Arkansas has ruled that the state’s voter-approved ban on
recognizing same-sex marriage is unconstitutional and
struck it down this evening. He ruled that the state had no
rational reason for enacting the ban. From the Associated
Press:

“This is an unconstitutional attempt to narrow the definition of
equality,” [Pulaski County Circuit Judge Chris] Piazza wrote. “The
exclusion of a minority for no rational reason is a dangerous
precedent.”

The ruling came nearly a week after state Attorney General
Dustin McDaniel announced he personally supports gay marriage
rights but that he will continue to defend the constitutional ban
in court. McDaniel’s office said he would appeal the ruling.

“We respect the Court’s decision, but, in keeping with the
Attorney General’s obligation to defend the state constitution, we
will appeal,” spokesman Aaron Sadler said. “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.”

The marriage license offices in the county were already closed
when the ruling was handed down so there won’t be any sudden
weddings, even though the judge did not indicate a stay on his
decision.

These bans are dropping like flies, though given that these are
preliminary judicial rulings, anything can happen. Judges have
eliminated bans in
Michigan, Oklahoma,
Utah, Virginia and
Texas, though they’re all currently stayed for appeals.
Kentucky,
Ohio, and
Tennessee are being ordered to recognize gay marriages
performed in states where it’s legal.