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Hogue explains county's place in same-sex marriage issue

Posted: May 15, 2014 - 4:29pm

Marriage licenses were being issued again to same-sex couples this afternoon in Pulaski County.

Faulkner County was a party to the lawsuit that opened the door to same-sex marriage in some counties, but Faulkner County was dismissed by the suit via summary judgment in the county’s favor for what has been described by some as the court’s “strategic reasons.”

Faulkner County Attorney David Hogue issued a press release on Thursday clarifying that because Arkansas as a state and Gov. Mike Beebe were also dropped from the suit, Faulkner County is not subject to Piazza’s order. Hogue has said that if or when same-sex marriage is the law in all of Arkansas, which would come with a ruling on the constitutionality of the amendment and statutes in question by the state Supreme Court, Faulkner County will abide by it. 

Licenses were issued to more than 450 same-sex couples in five counties between Sunday and Wednesday, according to Associated Press reports.

Pulaski County Circuit Judge Chris Piazza ruled on May 9 that a state Constitutional amendment establishing a “man and woman” definition of marriage and several state statutes with similar definitions were unconstitutional.

 

In Piazza’s written opinion, one of these challenged statutes was accidentally omitted. This created a procedural problem, because without all challenged statutes addressed in the final holding the case was not finished.

Piazza clarified his holding on Thursday, saying that the omission was inadvertent and that nothing in the court’s analysis of the issue could give any doubt that he intended to rule all statutes that acted to prohibit same-sex marriage unconstitutional.

Also on Thursday, Piazza denied the defendants’ motion to stay his order that counties in his jurisdiction (Perry and Pulaski counties) and a few others that were parties to the case begin issuing licenses to same-sex couples, writing that there is no evidence that the defendants, the state or its citizens will be harmed by his order while the issue awaits state Supreme Court appeal. 

A stay would, Piazza wrote, “operate to further damage Arkansas families and deprive them of equal access to the rights associated with marriage status in this state.”

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Raving Bear
631
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Raving Bear 05/15/14 - 08:58 pm
2
0
Liberty for all, or in the

Liberty for all, or in the end- none.

reader
18438
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reader 05/15/14 - 09:55 pm
3
1
Standing ovation for Judge Chris Pizza!

Clarification is appreciated. Hopefully the Ark SC will act on this fast. If the SC upholds the decision by Judge Piazza the state will probably appeal to the SCOTUS.

Judge Piazza and the Pulaski County Clerk Larry Crane and staff deserve honors for standing up for the basic rights our founding fathers sought to protect, equality and freedom. They have my admiration for their stance and will be remembered for helping pull Arkansas (kicking and screaming) into the 21st Century.

It is my deepest hope the Arkansas Supreme court will stand with Judge Piazza and Pulaski County Clerk Larry Crane and frankly, a significant number of Arkansans.

reader
18438
Points
reader 05/15/14 - 11:04 pm
1
1
Gayme Hints - (Ha) Gay Marriage in Faulkner County

can still be accomplished by obtaining a license from an issuing county, get married where ever you want to, then return your completed documents to the issuing county.

The road may still hold obstacles for Faulkner County residents (and other counties) but they can be bypassed.

Igor Rabinowitz
8702
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Igor Rabinowitz 05/16/14 - 08:21 am
2
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Oh good

I was worried we'd be done talking about gay marriage

PortGuide6
93
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PortGuide6 05/16/14 - 08:46 am
4
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@Igor

Funny....so were good gay and equality loving folk for the longest time.

Conwegian
101
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Conwegian 05/16/14 - 09:20 am
2
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watching

It may be entertaining to watch David Hogue tie himself in knots trying to find continuing legal justification for discrimination.

reader
18438
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reader 05/16/14 - 09:51 am
2
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LOL

and maybe quite a few others. Sen Rapert is trying to get an impeachment going on
Judge Piazza for failing to do his constitutional duty to uphold current law. LOL!

Senator Rapert should not be a road block to equality and freedom. They are basic American rights.

Raving Bear
631
Points
Raving Bear 05/16/14 - 04:06 pm
2
0
Rapert wishes this was Iran

Rapert wishes this was Iran where the clerics ruled... His ideas are so foreign to the Constitution of both the United States and Arkansas that I doubt he ever had a civics class. He is the poster boy for why gerrymandered precincts are bad for everyone but corrupt politicians.

arkansasobserver
3274
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arkansasobserver 05/16/14 - 09:34 am
1
5
Hogue just following the law

People who have achieved a change in the law ought to follow it. From what I can tell, Mr. Hogue is just following the current law. Now awaiting the next lawsuits for Chris Piazza's court to allow polygamy, and maybe marriage to a dog. After all... it's about equality for all loving folk!

ARVoiceofLogic
5296
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ARVoiceofLogic 05/16/14 - 10:05 am
3
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Credibility lost

"ow awaiting the next lawsuits for Chris Piazza's court to allow polygamy, and maybe marriage to a dog."

- #scaretactics #foxnewstalkingpoints

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