What's Next For Arkansas and Same-Sex Marriage?

Published 05/12 2014 09:53PM

Updated 05/12 2014 10:52PM

ARKANSAS --- Arkansas Attorney General Dustin McDaniel's office filed a request on Monday morning with the Arkansas Supreme Court for a stay.

That would mean Judge Piazza's Friday ruling would not be enforced, while the Supreme Court makes a decision on the appeal.

"If the Supreme Court affirms Judge Piazza's decision,it would have statewide implications. If they reverse Judge Piazza's decision, then the Constitutional amendment stands," said Scott Hall with Hall, Estill.

Licenses being issued right now to same-sex couples in Arkansas are valid - that is unless that higher court instates the ban on same-sex marriage. Other states are also going through the process. An Oklahoma federal judge in January found the constitutional amendment on the same-sex marriage unconstitutional.

However, unlike Arkansas, a stay was immediately issued. No licenses for same-sex couples were issued. That case, now pending with the 10th circuit court of appeals- a court directly below the U.S. Supreme Court. A decision on that case is expected in a few weeks. A similar situation is also happening in Utah.

"In December, a federal judge struck down a same sex marriage ban that is also on appeal with the 10th circuit. There was no stay that was issued there by the federal judge. The supreme court actually came out and issued a stay within that time, there were some marriages," said Hall.

Utah's Attorney General said those marriages are void. However, the U.S. Attorney General said federally, those vows are valid.

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