Another State Reverses Ban on Same Sex Marriage: Arkansas State Circuit Judge Finds Ban Unconstitutional
Another state reverses ban on same-sex marriage, adding to the growing lists of states allowing same-sex marriage. A circuit judge ruled the ban unconstitutional, prompting the state government to act.
On Friday, May 9, Pulaski County Circuit Judge Chris Piazza ruled that the 2004 ban on same-sex marriage is unconstitutional and did not issue a stay, according to Reuters. Without a stay, the news agency reported, same-sex couples can begin filing for marriage licenses soon.
Amendment 83, as the ban on same-sex marriage is known, was approved by popular referendum, and it defines marriage as only between man and woman. It also does not recognize same-sex marriages performed in other states. By overturning the ban, Arkansas could join the list of 17states and the District of Columbia which all recognize same-sex marriage.
"Arkansas's marriage laws discriminate against same-sex couples in violation of the Equal Protection Clause because they do not advance any conceivable legitimate state interest necessary to support even a rational basis review," Piazza wrote in the 13-page decision released on Friday.
The state's attorney general announced that he would defend the state's ban. On May 3, Dustin McDaniel, the Democratic Arkansas Attorney General, announced he would defend his state's ban on same-sex marriage in the courts despite his personal support for marriage equality, according to The Associated Press. McDaniel stated he believes a state attorney's personal views should not interfere with his duties defending his or her state constitution.
"I'm going to zealously defend our constitution, but at the same time I think it's important to let people know where I stand on the matter," McDaniel told AP.
However, in 2006 when campaigning for his current position, he stated his support for civil unions and said marriage should be for man and woman. Yet, he has changed his mind as time passed, stating that it's become more difficult to accept anyone "being treated as second class citizens."
In his decision, Judge Piazza cited the Loving V. Virginia court ruling from 1967, which allowed interracial marriage in that state, according to Freedom to Marry, an LGBT organization advocating for marriage equality. Its president, Evan Wolfson, released a statement lauding the ruling:
"Today a state circuit judge in Arkansas ruled in favor of the freedom to marry, the latest in a unanimous wave of more than a dozen state and federal judges across the country in recent months. Judge Piazza held that there is no good reason for discriminating against couples and their loved ones just because they are gay. With more than 70 marriage cases now making their way through the courts and five federal appellate courts now hearing arguments and soon to rule, today's decision out of Arkansas underscores that all of America is ready for the freedom to marry."