Same-sex marriage in Arkansas

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Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, in which the court struck down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.

Contents

On November 25, 2014, a federal district court struck down Arkansas's ban on same-sex marriage. The judge stayed her ruling in Jernigan v. Crane pending appeal. After the Obergefell ruling, same-sex couples began obtaining marriage licenses in Arkansas beginning on June 26, 2015. [1]

Statute

In 1997, the Arkansas General Assembly passed a statute banning same-sex marriage and the recognition of same-sex marriages performed out of state. The bill was signed into law by Governor Mike Huckabee. [2]

Constitution

On November 2, 2004, Arkansas voters approved Amendment 3, a state-initiated constitutional amendment that prohibited the recognition of same-sex marriage, as well as anything "identical or substantially similar to marital status" in the state of Arkansas. [3]

On June 27, 2013, a day after the U.S. Supreme Court ruling in United States v. Windsor , Arkansans for Equality submitted proposed language for a 2014 ballot measure that would repeal the state's constitutional ban on same-sex marriage. [4] On July 9, 2013, a different group, the Arkansas Initiative for Marriage Equality (AIME), which was formed in November 2012, submitted to the Arkansas Attorney General proposed language for the Arkansas Marriage Equality Amendment, a similar ballot measure but instead for the 2016 ballot. [5] [lower-alpha 1] Attorney General Dustin McDaniel rejected the proposal for the 2014 ballot on July 12 and again on August 12, and the proposal for the 2016 ballot on September 18 and October 7, each time citing problems with the wording. [6] [7] [8] [9] On September 19, he accepted the proposal for the 2014 ballot and on November 7, [10] he accepted the one for the 2016 ballot. [11] Both initiatives, however, were not put on the ballot.

Lawsuits

Wright v. Arkansas

On July 2, 2013, eleven same-sex couples, some of whom had married in Iowa and some of whom were registered as domestic partners in Eureka Springs, filed a lawsuit in state court challenging the Arkansas Constitution's ban on same-sex marriage. [12] On May 9, 2014, Judge Chris Piazza struck down the constitutional ban and did not stay his ruling. [13] The Arkansas Supreme Court refused to issue a stay because Piazza's ruling was preliminary, [14] and some counties issued marriage licenses to same-sex couples. Judge Piazza clarified his order to enjoin enforcement of state statutes as well, [15] [16] freeing county clerks from statutory restrictions on issuing licenses to same-sex couples. More counties issued licenses. [17]

On May 16, 2014, the Arkansas Supreme Court stayed Piazza's ruling pending appeal. [18] On October 7, the original plaintiffs filed a petition for summary judgment citing actions by the U.S. Supreme Court the day before and asked for expedited consideration, which the court granted. The court heard oral arguments on November 20. [19] In an unprecedented move, the Supreme Court did not rule before the close of its term in 2014. Instead, two new justices ended up joining the court after two justices had their terms end, causing the justices to question who should participate. The court never issued an opinion before Obergefell was decided, mooting Wright. On November 11, 2015, former Justice Donald L. Corbin, one of the original justices to hear the case, revealed that the court had voted 5–2 to strike down the same-sex marriage ban in 2014. Corbin said he had written a majority opinion finding that Arkansas' ban on same-sex marriage violated both the Arkansas and U.S. constitutions. Corbin urged the other justices to issue the opinion before the end of his term in 2014, but for unstated reasons, the ruling was never issued. Instead, the court waited for the Supreme Court to decide another case on the same issue, and dismissed Wright as moot. [20]

Jernigan v. Crane

On July 15, 2013, two lesbian couples filed a federal same-sex marriage lawsuit, Jernigan v. Crane, in the U.S. District Court for the Eastern District of Arkansas. One plaintiff couple sought a marriage license from Arkansas, while another couple asked to have their New York marriage recognized. The lead named defendant was the Pulaski County clerk, being sued in his official capacity for denying marriage licenses, with the other defendants being Governor Mike Beebe and Attorney General McDaniel. [21] On January 31, 2014, the county and state defendants filed a motion to dismiss the suit. [22] On July 16, 2014, the plaintiffs filed a motion for summary judgment. Judge Kristine Baker heard oral arguments on November 20. [23]

On November 25, Baker ruled for the plaintiffs and stayed her ruling pending appeal. Judge Baker found that the state's ban on same-sex marriage violated the plaintiffs' fundamental right to marry, requiring justification under the strict scrutiny standard. She also ruled that a ban on same-sex marriage is a form of sex discrimination, which is therefore reviewed under the standard known as heightened scrutiny. She rejected the plaintiffs' contention that the ban violated their right to travel and that it constituted discrimination on the basis of sexual orientation. [24] Attorney General McDaniel said that before deciding whether to appeal the decision he would confer with Leslie Rutledge, who was due to succeed him as attorney general in January 2015. [25] The state filed a notice of appeal in the Eighth Circuit on December 23. [26] The Eighth Circuit dismissed the appeal and affirmed the district court's decision on August 11, 2015. [27]

Frazier-Henson v. Walther

On February 13, 2015, two same-sex couples in "window marriages", married in May 2014 while a state court's order enjoining enforcement of the state's same-sex marriage ban was in force, brought suit in state court seeking to require the state to recognize their marriages. They named three state officials as defendants. They asked the court to rule on behalf of all same-sex couples married in May. [28] State Judge Wendell Griffen ruled on June 9, 2015 in Frazier-Henson v. Walther that the 541 same-sex marriages conducted between May 9 and May 16 were valid.

Obergefell v. Hodges

On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex marriage bans violate the Due Process and Equal Protection clauses of the Fourteenth Amendment. The decision legalized same-sex marriage nationwide in the United States, including in Arkansas. Immediately following the ruling, same-sex couples began obtaining marriage licenses in Arkansas. [1] All counties in the state announced their intention to comply, expect Cleburne, Van Buren and Yell counties, which refused to issue marriage licenses to same-sex couples until relenting on June 29. [29] [30] [31]

Governor Asa Hutchinson responded to the ruling by stating, "Today the Supreme Court in a 5-4 decision requires the State of Arkansas to recognize same-sex marriage. This decision goes against the expressed view of Arkansans and my personal beliefs and convictions. While my personal convictions will not change, as Governor I recognize the responsibility of the state to follow the direction of the U.S. Supreme Court. As a result of this ruling, I will direct all state agencies to comply with the decision." [32] Attorney General Rutledge said she was "disappointed" but "[t]he justices have issued a decision, and that decision must be followed." Rutledge instructed state agencies and county clerks to comply with the Supreme Court ruling. State tax authorities began allowing married same-sex couples to submit joint tax returns, and government employers that allow spouses of married employees to enroll in employee benefits programs, such as health insurance, began allowing the same-sex spouses of employees to enroll as well. County clerks began issuing marriage licenses to all couples regardless of gender. [33]

Developments after legalization

On February 2, 2017, a resolution calling on the U.S. Congress to pass a federal constitutional amendment banning same-sex marriage was introduced to the Arkansas General Assembly. It was sponsored by 21 lawmakers, all members of the Republican Party. On February 20, the Arkansas Senate rejected the resolution in a 17–7 vote. The resolution needed 18 votes to pass and thus failed by one vote. However, that same day, the vote was expunged and the Senate re-voted on February 28; this time passing it by 18 votes to 9. [34] On March 8, a House subcommittee recommended the Arkansas House of Representatives to approve the resolution. On March 14, the House rejected it in a 29–41 vote. Of those who voted in favor, all 29 were Republicans. Of those who voted against, 20 were Democrats and 21 were Republicans. [35] [36]

On March 6, 2017, Representative Stephen Meeks introduced a bill to the General Assembly to reenact the state's same-sex marriage ban. The bill would have thus been in violation of Obergefell v. Hodges and the U.S. Constitution. [37] It was withdrawn by Meeks on March 14. [38] [39]

Demographics and marriage statistics

Data from the 2000 U.S. census showed that 4,423 same-sex couples were living in Arkansas. By 2005, this had increased to 5,890 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state, and constituted 0.7% of coupled households and 0.4% of all households in the state. Most couples lived in Pulaski, Washington and Benton counties, but the counties with the highest percentage of same-sex couples were Carroll (0.77% of all county households) and Madison (0.59%). Same-sex partners in Arkansas were on average younger than opposite-sex partners, and more likely to be employed. However, the average and median household incomes of same-sex couples were lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 30% of same-sex couples in Arkansas were raising children under the age of 18, with an estimated 2,778 children living in households headed by same-sex couples in 2005. [40]

Domestic partnerships

The small town of Eureka Springs in Carroll County is the only incorporated city in Arkansas to allow domestic partnerships (since 2007) and health care coverage for the domestic partners of city workers (since 2011). [41] On November 12, 2012, the Eureka Springs City Council endorsed marriage for same-sex couples, becoming the first city in Arkansas to do so. [42]

Public opinion

Public opinion for same-sex marriage in Arkansas
Poll sourceDate(s)
administered
Sample
size
Margin of
error
 % support % opposition % no opinion
Public Religion Research Institute March 11 – December 14, 2022  ? ?51%47%2%
Public Religion Research Institute March 8 – November 9, 2021  ? ?47%52%1%
Public Religion Research Institute January 7 – December 20, 2020 439 random telephone
interviewees
 ?58%37%5%
Public Religion Research Institute April 5 – December 23, 2017 641 random telephone
interviewees
 ?52%38%10%
University of Arkansas October 12–22, 2017801± 3.5%35%57%9%
American Values Atlas/Public Religion Research Institute May 18, 2016 – January 10, 2017 1,008 random telephone
interviewees
 ?42%50%8%
University of Arkansas October 18–27, 2016800 random telephone
interviewees
± 3.5%33%57%10%
American Values Atlas/Public Religion Research Institute April 29, 2015 – January 7, 2016 782 random telephone
interviewees
 ?37%57%6%
University of Arkansas October 19–25, 2015800 random telephone
interviewees
± 3.5%29%63%8%
Edison Research November 4, 2014 ? ?26%69%5%
26%69%5%
New York Times/CBS News/YouGov September 20 – October 1, 20141991 likely voters± 2.6%32%54%13%
New York Times/Kaiser Family Foundation April 8–15, 2014857 registered voters ?35%57%8%
Public Policy Polling April 25–27, 2014840 registered voters± 3.4%27%63%10%
Greenberg Quinlan Rosner Research/Target Point Consulting June 26–30, 2013600 adults± 4.9%36%55%9%

See also

Notes

  1. The text submitted read: [5]
    (Popular Name)
    The Arkansas Marriage Equality Amendment
    (Ballot Title)
    An amendment to the Arkansas Constitution to provide that the right to marry shall not be abridged or denied on account of sex or sexual orientation - providing that no member of the clergy or religious organization shall be required to provide accommodations, advantages, facilities or privileges relating to the solemnization or celebration of marriage and that the refusal to do so shall not create any civil claim or cause of action.
    (Proposed Constitutional Amendment)
    Be it enacted by the people of the State of Arkansas:
    Section 1. The right to marry shall not be abridged or denied on account of sex or sexual orientation.
    Section 2. No member of the clergy or religious organization shall be required to provide accommodations, advantages, facilities or privileges related to the solemnization or celebration of marriage. The refusal to do so shall not create any civil claim or cause of action.

Related Research Articles

Same-sex marriage has been legal in California since June 28, 2013. The U.S. state first issued marriage licenses to same-sex couples on June 16, 2008 as a result of the Supreme Court of California finding in the case of In re Marriage Cases that barring same-sex couples from marriage violated the Constitution of California. The issuance of such licenses was halted from November 5, 2008 through June 27, 2013 due to the passage of Proposition 8—a state constitutional amendment barring same-sex marriages. The granting of same-sex marriages recommenced following the U.S. Supreme Court's decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.

Same-sex marriage has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.

Same-sex marriage has been legally recognized in Colorado since October 7, 2014. Colorado's state constitutional ban on same-sex marriage was struck down in state district court on July 9, 2014, and by the U.S. District Court for the District of Colorado on July 23, 2014. The Tenth Circuit Court of Appeals had already made similar rulings with respect to such bans in Utah on June 25 and Oklahoma on July 18, which are binding precedents on courts in Colorado. On October 6, 2014, the U.S. Supreme Court declined to hear the Tenth Circuit cases, and the Tenth Circuit lifted its stay. On October 7, 2014, the Colorado Supreme Court and the Tenth Circuit cleared the way for same-sex marriages to begin in Colorado.

Same-sex marriage has been legal in Utah since October 6, 2014. On December 20, 2013, the state began issuing marriage licenses to same-sex couples as a result of the U.S. District Court for the District of Utah's ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marriage violates the U.S. Constitution. The issuance of those licenses was halted during the period of January 6, 2014 until October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. On that day, following the U.S. Supreme Court's refusal to hear an appeal in a case that found Utah's ban on same-sex marriage unconstitutional, the Tenth Circuit Court of Appeals ordered the state to recognize same-sex marriage.

Same-sex marriage has been legal in Arizona since October 17, 2014. The U.S. state had denied marriage rights to same-sex couples by statute since 1996 and by an amendment to its State Constitution approved by voters in 2008. On October 17, Judge John W. Sedwick ruled in two lawsuits that Arizona's ban on same-sex marriage was unconstitutional, and enjoined the state from enforcing its ban, effective immediately. Attorney General Tom Horne said the state would not appeal that ruling, and instructed county clerks to comply and issue marriage licenses to same-sex couples.

Same-sex marriage has been legal in South Carolina since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.

Same-sex marriage has been legal in Ohio since the U.S. Supreme Court's ruling in Obergefell v. Hodges, a landmark decision in which the court struck down the state's statutory and constitutional bans on same-sex marriage on June 26, 2015. The case was named after plaintiff Jim Obergefell, who sued the state of Ohio after officials refused to recognize his marriage on the death certificate of his husband. Same-sex marriages were performed in Ohio beginning shortly after the Supreme Court released its ruling, as local officials implemented the order.

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This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

Same-sex marriage has been legally recognized in Nebraska since June 26, 2015, when the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the Fourteenth Amendment. Following the court ruling, the Attorney General, Doug Peterson, announced that the state of Nebraska would comply and recognize same-sex marriages.

Same-sex marriage became legal in Kansas following the U.S. Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional. By June 30, all 31 judicial districts and all 105 Kansas counties were issuing marriage licenses to same-sex couples or had agreed to do so. Kansas state agencies initially delayed recognition of same-sex marriages for purposes including but not limited to changing names, ascribing health benefits and filing joint tax returns, but began doing so on July 6.

Same-sex marriage has been legal in Texas since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Previously, the U.S. state of Texas had banned same-sex marriage both by statute and in its State Constitution. On February 26, 2014, Judge Orlando Luis Garcia of the U.S. District Court for the Western District of Texas found that Texas's ban on same-sex marriages was unconstitutional. On April 22, 2014, a state court came to the same conclusion. Both cases were appealed. The district court's decision was appealed to the Fifth Circuit Court of Appeals, but before that court could issue a ruling, the U.S. Supreme Court struck down all same-sex marriage bans in the United States in Obergefell on June 26, 2015. Within a few months of the court ruling, all counties had started issuing marriage licenses to same-sex couples, except for Irion County, which announced in 2020 that it would begin issuing licenses to same-sex couples, making it the last county in the United States to comply.

Same-sex marriage has been legal in Tennessee since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution.

Same-sex marriage has been legal in Kentucky since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages, was handed down on June 26, 2015, and Governor Steve Beshear and Attorney General Jack Conway announced almost immediately that the court's order would be implemented.

Same-sex marriage has been legal in Mississippi since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-sex marriage was unconstitutional. Enforcement of his ruling was stayed pending appeal to the Fifth Circuit Court of Appeals. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples is unconstitutional under the U.S. Constitution. On June 29, Attorney General Jim Hood ordered clerks to comply with the court ruling and issue marriage licenses to same-sex couples. The Fifth Circuit lifted its stay on July 1, and Judge Reeves ordered an end to Mississippi's enforcement of its same-sex marriage ban. However, until July 2, 2015, several counties in Mississippi continued to refuse to issue marriage licenses, including DeSoto, Jasper, Jones, Newton, Pontotoc, Simpson and Yalobusha.

Same-sex marriage has been legal in Missouri since the U.S. Supreme Court's landmark ruling in Obergefell v. Hodges, which struck down state bans on marriages between two people of the same sex on June 26, 2015. Prior to the court ruling, the state recognized same-sex marriages from other jurisdictions pursuant to a state court ruling in October 2014, and certain jurisdictions of the state performed same-sex marriage despite a statewide ban.

<i>Wright v. Arkansas</i>

Wright v. Arkansas is a same-sex marriage case pending before the Arkansas Supreme Court. An Arkansas Circuit Court judge ruled the Arkansas Constitution's ban on same-sex marriage unconstitutional on May 9, 2014. He clarified his opinion to include state statutes that interfered with allowing or recognizing same-sex marriage as well. The state Supreme Court issued a stay in the case on May 16, 2014, but approximately 450 same-sex marriage licenses were issued before the stay went into effect.

On June 25, 2014, the Tenth Circuit Court of Appeals upheld a ruling striking down Utah's same-sex marriage ban, setting a precedent in other states under the Tenth Circuit's jurisdiction. In addition, on July 18, 2014, the same panel of the Tenth Circuit invalidated Oklahoma's ban as well. Both Circuit Court rulings were stayed pending certiorari review from the Supreme Court of the United States. The Tenth Circuit consists of Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. New Mexico is the only state in the circuit where same-sex marriage was legal prior to the decisions. Utah is the only state in the circuit where same-sex marriage was temporarily legal after its ban was struck down. A ruling requiring the state of Utah to recognize same-sex marriages performed within the state was temporarily stayed and was originally set to expire on July 21, 2014, at 8:00 a.m. The Supreme Court of the United States extended the stay on July 18, 2014.

Obergefell v. Hodges, 576 U.S. 644 (2015), is a landmark decision of the Supreme Court of the United States which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in thirty-six states, the District of Columbia, and Guam.

In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

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