Arkansas Supremes deny stay
The Arkansas Supreme Court has denied an request for an emergency stay of Judge Chris Piazza's order overturning the ban on same-sex marriage. The court also dismissed as premature an appeal of Piazza's ruling because it wasn't a final order.
Here's the opinion.
The court, however, seems to have returned the state to its old status quo — impossible for same-sex couples to obtain marriage licenses — because it notes that Piazza's ruling didn't mention another statute that prohibits clerks from issuing marriage licenses to same sex couples. Action will now shift to Piazza's court to pursue final orders, injunctive relief and a cleanup on the omitted statute.
Said Jack Wagoner, attorney for the plaintffs:
We'll fix that tomorrow and be back here again.... How can order find something unconstitutional but not affect a statute that would require the clerks to do something unconstitutional?
Justices Donald Corbin and Paul Danielson issued a separate concurrence that said the simply would have dismissed the appeal for lack of a final order and rejected the emergency stay request because the case is still before the trial court.
In addressing Attorney General Dustin McDaniel's argument that the court should exercise its superintending authority and issue a stay because of confusion on the part of clerks on whether they should issue same-sex licenses.
We tum again to the circuit court's order. Here, the circuit court did not issue a ruling with regard to Ark. Code Ann. $ 9-11- 208(b) (Repl. 2009), "License not issued to persons ofthe same sex." Therefore, the circuit court's order has no effect on Ark. Code Ann. S 9-11-208(b) and its prohibition against circuit and counry clerks issuing same-sex marriage licenses. Accordingly, we deny the State's petition for an emergency stay of the circuit court's May 9,2074 order
At a minimum, this reads as clear protection for the 73 counties that have chosen not to issue licenses despite Piazza's order. Pulaski and Washington have continued to do so. I'm seeking a comment from Larry Crane, the Pulaski clerk, on his interpretation. He's been mindful of that other statute throughout the period he's been issuing licenses, as Washington County has been. Both counties were among the six counties named as defendants in the suit.
The bottom line remains that Judge Piazza's judgment remains in place.
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