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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, striking 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.
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]
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]
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] a similar ballot measure but instead for the 2016 ballot. [5] 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.
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]
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]
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.
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]
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]
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]
The 2020 U.S. census showed that there were 4,133 married same-sex couple households (1,688 male couples and 2,445 female couples) and 3,661 unmarried same-sex couple households in Arkansas. [41]
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). [42] On November 12, 2012, the Eureka Springs City Council endorsed marriage for same-sex couples, becoming the first city in Arkansas to do so. [43]
The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.
Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.
Same-sex marriage has been legal in California since June 28, 2013. The State of California first issued marriage licenses to same-sex couples from June 16, 2008 to November 5, 2008, a period of approximately 4 months, 2 weeks and 6 days, 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 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, 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 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.
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 legal 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 to the U.S. Constitution. Following the court ruling, 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 since 1973 and in its State Constitution since 2005. 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 with the ruling.
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.
This is a list of notable events in the history of LGBTQ rights that took place in the year 2014.
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 violates 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 marriages despite a statewide ban.
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.
In Brenner v. Scott and its companion case, Grimsley v. Scott, a U.S. district court found Florida's constitutional and statutory bans on same-sex marriage unconstitutional. On August 21, 2014, the court issued a preliminary injunction that prevented that state from enforcing its bans and then stayed its injunction until stays were lifted in the three same-sex marriage cases then petitioning for a writ of certiorari in the U.S. Supreme Court–Bostic, Bishop, and Kitchen–and for 91 days thereafter. When the district court's preliminary injunction took effect on January 6, 2015, enforcement of Florida's bans on same-sex marriage ended.
Obergefell v. Hodges, 576 U.S. 644 (2015), was 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 50 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 equal rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in 36 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.