The Arkansas Supreme Court has set November 20th as the date it will hear arguments concerning a challenge to the state’s gay marriage ban.
From Buzzfeed’s legal eagle Chris Geidner:
Breaking: Oral argument in the Arkansas Supreme Court for the marriage case has been scheduled for 9 a.m. Thursday, November 20. — Chris Geidner (@chrisgeidner) October 23, 2014
Evan Wolfson of Freedom To Marry tweeted that yesterday noting that only Kansas, Montana and South Carolina have not moved to honor the recent rulings in three federal appellate courts concerning the freedom to marry:
• Kansas has a court date this Friday, October 24th, in Kansas City at 10AM where LGBT activists will request a temporary injunction that would bring Kansas in line with the rest of the 10th Circuit Court of Appeals.
• Montana gets a hearing on November 20th in Great Falls where the ACLU has requested a summary judgement on the issue of same-sex marriage in light of the recent ruling by the 9th Circuit Court of Appeals, which has jurisdiction over Montana.
• South Carolina is moving at a slower pace with written briefs due by October 23rd in a lawsuit filed which would bring the state in line with the ruling from the 4th Circuit Court. Both sides will then have 14 days to reply to briefs, and then a hearing will be scheduled within 21 days after that.
Additionally, Arkansas will also address same-sex marriage on November 20th when Federal Judge Kristine Baker will hear plaintiffs asking for a summary judgement for marriage equality while the state has filed a motion to dismiss the case altogether.
After more than 10 hours of public debate and testimony by over 100 community members, the Fayetteville, Arkansas City Council voted to not pass an LGBT non-discrimination ordinance by a vote of 6-2.
The legislation, Ordinance 119, makes discrimination based on sexual orientation, gender expression and gender identity illegal in matters of employment, housing and public accommodations.
Such protections are not available on a federal level. Eighteen states plus Washington, D.C., ban discrimination in employment and housing on the basis of both sexual orientation and gender identity and 17 of those states also prohibit discrimination in in public accommodations on the basis of both sexual orientation and gender identity, according to the Human Rights Campaign.
The legislation will take effect September 20, 2014.
I grew up in Texas, so I have an idea of what life is like in a southern, conservative state. I left upon high school graduation only to return to visit family and friends occasionally.
Bless these folks for staying in their states and opening up a dialogue with neighbors. It really is the answer to acceptance. When “gay” or “lesbian” or “transgender” isn’t just a word that scares people, when it’s someone they know, evolution really does begin.
From the Human Rights Campaign:
HRC’s Project One America is a comprehensive, multi-year campaign to dramatically expand LGBT equality in the South through permanent campaigns in Mississippi, Alabama and Arkansas.
At 4:30 p.m. today, with many of the justices at an out-of-state conference, the Arkansas Supreme Court issued a stay of Judge Chris Piazza’s ruling last Friday that Arkansas law and constitutional bans on same-sex marriage violated the U.S. Constitution.
The one-sentence order granted stay without any elaboration.
Piazza’s decision will now go through the appeal process. The timeline for the state supreme court could very well take several months.
Last week in Arkansas, when Judge Chris Piazza struck down the state’s same-sex marriage ban, his order did not include a law specifying county clerks being banned from the act of issuing a marriage license to same-sex couples. Today, that little detail was addressed so that the freedom to marry can continue.
A day after the state Supreme Court effectively halted gay marriages in the state, Pulaski County Circuit Judge Chris Piazza expanded his ruling striking down a constitutional ban to also include the prohibition on clerks issuing same-sex marriage licenses. Justices had ruled Wednesday that Piazza’s decision on the gay marriage ban did not change that license law.
Piazza also rejected a request to suspend his ruling, saying there’s no evidence the state would be harmed by allowing gay marriages to continue.
At least four counties in Arkansas are currently issuing marriage licenses to same-sex couples based on Judge Chris Piazza’s ruling late Friday afternoon.
Attorney General Dustin McDaniel has requested the state supreme court overturn Judge Chris Piazza’s ruling, and the supreme court has responded by giving plaintiffs until noon Tuesday to respond.
The Supreme Court sent this notice to attorneys:
The Supreme Court requests responses to the State Defendants-Appellants’ petition for emergency stay by noon tomorrow, May 13, 2014. A copy of the petition and partial record are attached for your convenience.
Once the response is filed, it’s not clear how quickly a ruling could come. The state supreme court normally issues opinions on Thursdays, but in extraordinary cases sometimes issues them immediately.
Some counties are not issuing marriage licenses to same-sex couples citing the fact that only six counties were listed as defendants in the original lawsuit. One county that is a defendant — Lonoke — has announced it will not issue licenses until definitive direction from the state government.
At this time, over 100 same-sex couples have been married in Arkansas.
Meanwhile, as the marriages continue across the state, lots of pictures of shiny, happy couples sharing their happiness over their long-awaited nuptials.
Here’s Arkansas native son and Human Rights Campaign president Chad Griffin with one happy couple in Little Rock.
And here’s one couple who traveled from Carroll County to Washington County to get married:
The first same-sex marriage license has been issued in Arkansas! Celebrate!
Judge Chris Piazza struck down the 2004 ban late Friday afternoon and did not issue a stay, so local clerks can decide whether to grant licenses.
Carroll County Deputy Clerk Jane Osborn issued a license Saturday morning to Kristin Seaton and Jennifer Rambo of Fort Smith. The couple were married immediately outside the offices.
Most county clerks offices are closed on Saturdays, but Carroll County is the rare exception.
The Arkansas Attorney General has issued a statement saying he supports marriage equality but will continue to defend the ban as his obligation. The AG has asked Piazza to temporarily delay allowing marriages pending an appeal to the state Supreme Court.
County Clerk in Eureka Springs Arkansas issues the first same-sex marriage license in the South
The license!
The first same-sex couple married in the SOUTH! Congratulations!
The Carroll County Clerk is refusing to issue marriage licenses this morning to same-sex couples, even though Circuit Court Judge Chris Piazza ruled yesterday that Arkansas’ ban violated both the U.S. and Arkansas Constitutions.
The clerk has told the crowd that she “has not been given permission” to issue the licenses.
The Carroll County Clerk’s office in Eureka Springs, Arkansas, which The Advocate has called the “Gayest small town in America” has regular Saturday hours, and in the wake of the judge’s order, which has not yet been stayed, same-sex couples have lined up expecting to be issued marriage licenses. Clergy have gathered in an adjacent park ready to marry couples on the spot.
Lawyers are now in conference with the clerk, and the crowds have not disbursed.
Apparently, lawyers are now speaking with the clerk as the crowd waits.