Arkansas attorney general vows to fight for ban on gay marriage

http://www.theguardian.com/world/2014/may/11/arkansas-gay-marriage-ban-appeal-court-license

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Arkansas' top lawyer has told the judge who overturned the state's 2004 constitutional amendment banning gay marriage that he will appeal the ruling to the state supreme court.

Attorney general Dustin McDaniel gave the notice late on Saturday night, but not before 15 licenses were issued for same-sex couples in northwest Carroll County, heralding the arrival of gay marriage in the Bible Belt.

"Thank God," Jennifer Rambo said after Carroll County deputy clerk Jane Osborn issued a marriage license to her and Kristin Seaton. The Fort Smith couple had traveled overnight to ensure they would be first in line, and wed moments later on a sidewalk near the courthouse.

Carroll County was believed to be the only county that issued marriage licenses Saturday. Several courthouses were open for early primary-election voting but staffers said they were not prepared to issue marriage licenses.

Pulaski County circuit judge Chris Piazza paved the way for the marriages on Friday, with a ruling that removed a 10-year-old barrier, saying a constitutional amendment overwhelmingly passed by voters in 2004 banning gay marriage was "an unconstitutional attempt to narrow the definition of equality”. Piazza's ruling also overturned a 1997 state law banning gay marriage.

But because Piazza didn't issue a stay, Arkansas' 75 county clerks were left to decide for themselves whether to grant marriage licenses. That caused confusion, Association of Arkansas Counties executive director Chris Villines said. "The court didn't give us any time to get the kinks worked out," he said.

It isn't clear how many counties would issue same-sex marriage licenses Monday, Villines said on Saturday after a conference call with clerks from around the state.

McDaniel had already asked the judge to suspend his ruling before telling Piazza late on Saturday that he was filing notice of appeal to the state supreme court. McDaniel last week became the first statewide elected official to announce he personally supports gay marriage rights, but said he would continue to defend the state's ban in court.

Jason Owens, an attorney for four of the six counties named in the lawsuit over the gay marriage ban, said he would ask Piazza for guidance on Monday. "My clients want to follow the law. We just want to know what the law is, essentially," Owens said.

The US supreme court last year ruled that a law forbidding the federal government from recognising same-sex marriages was unconstitutional. Using language similar to that from the supreme court, state and federal judges nationwide have struck down other same-sex marriage bans and ordered states to recognise same-sex marriages from other states.

Jerry Cox, president of the Arkansas Family Council, which promoted Arkansas' ban, said Piazza's decision to not suspend his ruling would create confusion if a stay is issued.

"Are these people married? Are they unmarried?" Cox said. "Judge Piazza did a tremendous disservice to the people of Arkansas by leaving this in limbo."