Federal judge overturns Arkansas' marriage ban

Federal judge overturns Arkansas' marriage ban - Yahoo News

A spokesman regarding Democratic Attorney General Dustin McDaniel mentioned McDaniel was
reviewing the particular ruling as well as would decide after the Thanksgiving holiday whether as
well as not to appeal inside consultation using Republican Attorney General-elect Leslie Rutledge.
U.S. District Judge Kristine Baker ruled in support of 2 same-sex couples that had challenged any
2004 constitutional amendment as well as earlier state law defining marriage as among a man along
with a woman. the couples argued your ban violated the U.S. Constitution along with discriminated
based on sexual orientation.
"She's on the proper facet of history," Wagoner said. "It's fairly clear exactly where history's heading
in this issue."
LITTLE ROCK, Ark. (AP) -- a federal judge struck down Arkansas' voter-approved gay marriage ban
Tuesday yet stopped virtually any rush to the altar through putting her order in hold so the state can
easily think about an appeal.
Judges throughout the country have ruled against bans similar to Arkansas' since the U.S. Supreme
Court struck portion of a federal anti-gay marriage law throughout June 2013, along with gay
marriage can be legal in greater than half of the U.S.
"I peru vacations am proud being an Arkansan by simply birth, but I'll be even prouder when this
shameful stain around the state Constitution can be erased once and then for all," Griffin stated in a
statement.
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Lawyers throughout McDaniel's workplace had argued in federal court which same-sex marriage
was not any fundamental proper guaranteed through the constitution. McDaniel offers mentioned he
personally supports allowing gay couples for you to marry but will remain in court defending the
actual ban, which in turn voters approved by a 3-1 margin. Rutledge, his successor, features stated
the girl opposes gay marriage and contains vowed for you to defend the particular ban.
"We appreciate Judge Baker's implementation of a stay within this matter to be able to end up being
able to steer clear of confusion and also uncertainty as this case experiences your appeals process,"
spokesman Aaron Sadler stated inside an email.
Jack Wagoner, an attorney for that couples that had informed the judge last week that will same-sex
marriage would eventually end up being legal nationwide, said he had been pleased with your ex
decision.
"It's our hope which ultimately the will associated with the people associated with Arkansas will be
upheld rather than your wishes regarding judges," Jerry Cox, president with the Arkansas family
Council, said.
The head of the team which campaigned for your ban said he was pleased that Baker suspended the

girl ruling and stated he hoped their state would transfer swiftly for you to appeal.
Chad Griffin, an Arkansas native which heads the particular Human rights Campaign, the actual
nation's largest gay legal rights group, praised the particular judge's ruling.
The state's marriage laws and the amendment violate the actual U.S. Constitution by simply
"precluding same-sex couples from exercising his or her fundamental proper for you to marry in
Arkansas, by simply not really recognizing valid same-sex marriages off their states, and additionally
by discriminating about the schedule associated with gender," she wrote.
Baker put the ruling on hold, anticipating an appeal for the 8th U.S. Circuit Court involving Appeals,
situated in St. Louis.
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Politics & GovernmentCultural Groupsgay marriageArkansasSupreme Court
Justices have not really indicated once they will rule for the cause why that case. Your lawsuit prior
in order to the state Supreme Court additionally argues your ban violates Arkansas' constitution.
Justices are weighing if they should uphold Pulaski County Circuit Judge Chris Piazza's selection
throughout Might striking down the 2004 amendment and earlier state law as unconstitutional.
Piazza's choice led to 541 identical sex couples acquiring married in the week ahead associated with
the state Supreme Court suspended his ruling.
"The fact that Amendment 83 was adopted through referendum does not immunize it coming from
federal constitutional scrutiny," Baker wrote in the woman's own ruling.

"If the state Supreme Court strikes down on state

constitutional issues, then it's gone in terms of it
could go," Maples said.
Another lawyer, Cheryl Maples, mentioned eyes
would flip now to the state Supreme Court, which in
turn heard arguments last week in the similar
however separate case.