Friday, May 16, 2014

Updates: Same-Sex Marriage in Idaho (a Stumble) and Arkansas (a Roadblock Removed)


Update:  Idaho 
Yesterday, I wrote about Judge Candy Wagahoff Dale's decision to declare Idaho's ban on same-sex marriage unconstitutional.  
http://whateyethynk-politics.blogspot.com/2014/05/quick-fact-and-another-states-ban-bites.html

Judge Dale said that the state was not likely to prevail in any appeal attempt and did not to issue a stay on her opinion, but said same-sex couples would be permitted to marry in Idaho beginning today at 9:00AM.  

The three judge panel that comprises the U.S. Court of Appeals for that state has over-ruled Judge Dale and issued a temporary stay to give the state of Idaho time to decide if they will, in fact, appeal the judge's decision.
A step backward, but only a small one...more like a stumble to the side. Disappointing, but not unexpected and not insurmountable.

Update:   Arkansas
Last Saturday, I wrote about another same-sex marriage case, this one in Arkansas.  
http://whateyethynk-politics.blogspot.com/2014/05/quick-fact-another-state-loses-its.html

In this case, Judge Chris Piazza also ruled that a state ban on same-sex marriage did not pass the constitutionality sniff-test.  He also did not believe that the state would prevail on an appeal and said same-sex marriages would be permitted to go forward in Arkansas immediately.

While some state offices did issue marriage licenses to same-sex couples and some marriages did go forward, most state clerks declared they would refuse to issue licenses to same-sex couples, stating that they were protected by an Arkansas state law that prohibited them from doing so. The Arkansas Supreme Court agreed with them and halted any additional licenses from being issued.  They ruled that Judge Piazza's decision did not address the Arkansas state law banning government clerks from issuing marriage licenses to same-sex couples; and without a license, the marriages could not continue.

Yesterday, Judge Piazza took care of that little roadblock by expanding his initial decision to include that prohibition, saying that the law prohibiting the issuance of such marriage licenses was also unconstitutional.  
Take that!

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