Circuit Judge Chris Piazza today invalidated the Arkansas ban on same-sex marriage and recognition of marriages legally entered by same-sex couples in other states.
An appeal is expected. The judge did not stay his ruling, though the state probably can be expected to request a stay. Reaction was quick, with Republican politicians first out of the box to decry the ruling.
Offices have closed so no marriages (yet). A stay is requested.
From the ruling:
The Arkansas Supreme Court applied a heightened scrutiny and stnrck down as unconstitutional an initiated act that prohibited unmaried opposite-sex and sarne-sex couples from adopting children. The exclusion of same-sex couples from marriage for no rational basis violates the fundamental right to privacy and equal protection as described in Jegley and Cole, supra. The difference between opposite-sex and same-sex families is within the privacy of their homes.This case is in state, not federal court. The ban on marriage passed with 75% of the vote.