Same-sex marriage in Arkansas

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.{{cite news | url=http://www.arkleg.state.ar.us/assembly/1997/R/Pages/BillInformation.aspx?measureno=HB1004 | title=HB1004 | work=arkleg.state.ar.us | accessdate=May 10, 2014}}

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.CNN: [http://www.cnn.com/ELECTION/2004/pages/results/ballot.measures/ Election 2004 - Ballot Measures], accessed April 7, 2011.

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.{{cite news|url=http://www.lgbtqnation.com/2013/06/arkansas-group-seeks-to-overturn-states-ban-on-same-sex-marriage/|title=Arkansas group seeks to overturn state's ban on same-sex marriage|date=June 27, 2013|publisher=LGBTQ Nation}} 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,{{efn|The text submitted read:

:Be it enacted by the people of the State of Arkansas:

:Section 1. The right to marry shall not be abridged or denied on account of sex or sexual orientation.

:Section 2. No member of the clergy or religious organization shall be required to provide accommodations, advantages, facilities or privileges related to the solemnization or celebration of marriage. The refusal to do so shall not create any civil claim or cause of action.}} a similar ballot measure but instead for the 2016 ballot.{{cite news|title=Arkansas Group Submits Proposal for Marriage Equality|url=http://www.ozarksfirst.com/story/marriage-equality-amendment-effort-kicking-off-in-arkansas/d/story/0QdHwbZueEq3l9ttnSYePg|accessdate=July 10, 2013|newspaper=Ozarks First|date=July 10, 2013|url-status=dead|archive-url=https://web.archive.org/web/20140513011804/http://www.ozarksfirst.com/story/marriage-equality-amendment-effort-kicking-off-in-arkansas/d/story/0QdHwbZueEq3l9ttnSYePg|archive-date=May 13, 2014|df=mdy-all}} 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.{{cite news|url=http://www.lgbtqnation.com/2013/07/ark-ag-rejects-language-of-proposed-repeal-of-anti-gay-marriage-amendment/|title=Ark. AG rejects language of proposed repeal of anti-gay marriage amendment|date=July 12, 2013|publisher=LGBTQ Nation}}{{cite news|url=http://www.arkansasonline.com/news/2013/aug/12/mcdaniel-rejects-gay-marriage-ballot-measure/|title= McDaniel rejects gay marriage ballot measure|publisher=ArkansasOnline|date=August 12, 2013}}{{cite news|url=http://www.lgbtqnation.com/2013/09/ark-ag-rejects-wording-on-same-sex-marriage-ballot-proposal-again/|title=Ark. AG rejects wording on same-sex marriage ballot proposal — again|date=September 18, 2013|publisher=LGBTQ Nation}}{{cite news|url=http://www.edgeonthenet.com/index.php?ch=news&sc=national&sc2=news&sc3=&id=150308|title=AG Rejects Wording of Gay Marriage Amendments|date=October 8, 2013|publisher=Edge}} On September 19, he accepted the proposal for the 2014 ballot and on November 7,{{cite news|url=http://www.arkansasmatters.com/story/ag-accepts-ballot-title-proposal-to-repeal-amendment-banning-same-sex-marriage/d/story/SCqOVxzs7EWxFqGkU3kxKw|title=AG Accepts Ballot Title Proposal to Repeal Amendment Banning Same-Sex Marriage|publisher=Arkansas Matters|date=September 19, 2013|url-status=dead|archive-url=https://web.archive.org/web/20140427090638/http://www.arkansasmatters.com/story/ag-accepts-ballot-title-proposal-to-repeal-amendment-banning-same-sex-marriage/d/story/SCqOVxzs7EWxFqGkU3kxKw|archive-date=April 27, 2014|df=mdy-all}} he accepted the one for the 2016 ballot.{{cite news|url=http://equalityontrial.com/2013/11/08/arkansas-attorney-general-approves-marriage-equality-ballot-language/|title=Arkansas attorney general approves marriage equality ballot language|publisher=Equality On Trial|date=November 8, 2013}} Both initiatives, however, were not put on the ballot.

{{main|Wright v. Arkansas}}

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.{{cite news|last=Rodgers|first=Barndon|title=Lawsuit filed to overturn Arkansas Gay Marriage ban|url=http://www.knoe.com/story/22750382/lawsuit-filed-to-overturn-arkansas-gay-marriage-ban|accessdate=July 3, 2013|newspaper=KNOE.com|date=July 3, 2013|archive-date=January 21, 2014|archive-url=https://web.archive.org/web/20140121033624/http://www.knoe.com/story/22750382/lawsuit-filed-to-overturn-arkansas-gay-marriage-ban|url-status=dead}} On May 9, 2014, Judge Chris Piazza struck down the constitutional ban and did not stay his ruling.{{cite news | url=https://www.reuters.com/article/us-usa-gaymarriage-arkansas-idUSBREA480VB20140509 | title=Arkansas judge strikes down state ban on same-sex marriage | work=Reuters | date=May 9, 2014 | accessdate=May 9, 2014}} The Arkansas Supreme Court refused to issue a stay because Piazza's ruling was preliminary,{{cite news|last=Per Curiam|title=Opinion, Smith v. Wright, No. CV-14-414|url=https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=FARBK7PXGGNE496HUWYLCFX81G8M5O |accessdate=May 16, 2014|newspaper=Arkansas Supreme Court|date=May 14, 2014}} and some counties issued marriage licenses to same-sex couples. Judge Piazza clarified his order to enjoin enforcement of state statutes as well,{{cite news|last=Piazza|first=Circuit Judge|title=Final Order, Wright v. Arkansas, No. 60CV-13-2662 |url=https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=8IVPQCYFYHZHHKPGT1V9OCHM1FYCWA |accessdate=May 16, 2014|newspaper=Circuit Court of Arkansas, Pulaski County|date=May 15, 2014}}{{cite news |url=http://www.politico.com/story/2014/05/arkansas-gay-marriage-106700.html |work=Politico|title=Gay marriage in Arkansas resumes|date=May 14, 2014|accessdate=May 15, 2014}} freeing county clerks from statutory restrictions on issuing licenses to same-sex couples. More counties issued licenses.{{cite web|url=http://www.bostonherald.com/news_opinion/national/2014/05/arkansas_clerk_issues_1st_gay_marriage_license |title=Arkansas clerk issues 1st gay marriage license|publisher=The Boston Herald|date=May 10, 2014|accessdate=May 10, 2014}}

On May 16, 2014, the Arkansas Supreme Court stayed Piazza's ruling pending appeal.{{cite magazine | url=https://time.com/103572/arkansas-gay-marriage-suspension-ruling/ | title=Gay marriage on hold in Arkansas following new ruling | magazine=Time | date = May 16, 2014 | access-date=May 17, 2014}} 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.{{cite news|last1=DeMillo|first1=Andrew|title=Arkansas Supreme Court takes up gay marriage case|url=http://www.washingtontimes.com/news/2014/nov/20/2-courts-set-to-take-up-gay-marriage-in-arkansas/|accessdate=December 1, 2014|work=Washington Times|agency=Associated Press|date=November 20, 2014}} 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.{{cite web|url=http://www.arkansasnews.com/article/20151110/NEWS/311109964 |title=Ex-justice: State Supreme Court voted to strike ban on gay marriage, held ruling |publisher=Arkansas News |date=November 10, 2015}}

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.{{cite news|url=http://www.arktimes.com/ArkansasBlog/archives/2013/07/15/federal-lawsuit-challenges-arkansas-same-sex-marriage-ban|title=Federal lawsuit challenges Arkansas same-sex marriage ban|date=July 15, 2013 |publisher=Arkansas Times}} On January 31, 2014, the county and state defendants filed a motion to dismiss the suit.{{cite web|title=Docket Sheet, Jernigan v. Crane|url=http://www.plainsite.org/dockets/index.html?id=2494639 |work=U.S. E.D. Arkansas, Case No. 4:13-cv-410|publisher=Plainsite.org|accessdate=April 23, 2014}} On July 16, 2014, the plaintiffs filed a motion for summary judgment. Judge Kristine Baker heard oral arguments on November 20.{{cite news|last1=Brantley|first1=Max|last2=Hardy|first2=Benjamin|title=Federal judge hears arguments on Arkansas same-sex marriage ban, decision still pending|url=http://www.arktimes.com/ArkansasBlog/archives/2014/11/20/federal-hearing-underway-on-arkanas-same-sex-marriage-bans|accessdate=November 20, 2014|work=Arkansas Times|date=November 20, 2014}}

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.{{cite news|last1=Snow|first1=Justin |title=Federal judge strikes down Arkansas same-sex marriage ban |url=http://www.metroweekly.com/2014/11/federal-judge-strikes-down-arkansas-same-sex-marriage-ban/ |accessdate=November 25, 2014|work=Metro Weekly|date=November 25, 2014}} 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.{{cite news |last1=DeMillo |first1=Andrew |last2=Wagster Pettis |first2=Emily |title=Arkansas, Mississippi gay marriage bans overturned |url=http://www.thestate.com/2014/11/25/3835638_federal-judge-overturns-arkansas.html |accessdate=November 26, 2014 |work=The State (South Carolina) |agency=Associated Press |date=November 25, 2014 |url-status=dead |archive-url=https://web.archive.org/web/20141204220102/http://www.thestate.com/2014/11/25/3835638_federal-judge-overturns-arkansas.html |archive-date=December 4, 2014 |df=mdy-all }} The state filed a notice of appeal in the Eighth Circuit on December 23.{{cite web|title=Notice of Appeal to 8th Circuit Court of Appeals|url=https://www.scribd.com/doc/250880588/4-13-cv-00410-46-Notice-of-Appeal |website=Scribd.com |publisher=Eighth Circuit Court of Appeals|accessdate=December 23, 2014}} The Eighth Circuit dismissed the appeal and affirmed the district court's decision on August 11, 2015.{{cite web|url=https://www.arkansasonline.com/news/2015/aug/12/8th-circuit-judge-right-to-ax-gay-nupti-1/|title=8th Circuit: Judge right to ax gay-nuptials bans|website=Arkansas Democrat Gazette|last=Satter|first=Linda|date=August 12, 2015}}

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.{{cite news|date=February 13, 2015|accessdate=February 13, 2015|website=Scribd.com |publisher= Pulaski County Circuit Court | url = https://www.scribd.com/mobile/doc/255702036 | title= Complaint for Declarative and Injunctive Relief}} 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. 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.{{cite web|url=https://www.arkansasonline.com/news/2015/jun/29/rapert-told-one-clerk-will-resign-issuing-same-sex/|title=Cleburne County clerk will resign over same-sex marriage licenses|work=Arkansas Democrat Gazette|date=June 29, 2015}}[http://5newsonline.com/2015/07/01/yell-county-clerk-to-issue-same-sex-marriage-licenses-with-great-reluctance Yell County Clerk To Issue Same-Sex Marriage Licenses With “Great Reluctance”]/[http://m.arkansasnews.com/news/arkansas/van-buren-county-clerk-takes-stand-against-same-sex-marriage-licenses-later-relents Van Buren County clerk takes stand against same-sex marriage licenses, later relents]

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."{{cite web|url=https://governor.arkansas.gov/news-media/press-releases/governor-asa-hutchinson-issues-statement-on-same-sex-marriage-ruling|title=Governor Asa Hutchinson Issues Statement on Same-Sex Marriage Ruling|work=Governor of Arkansas|date=June 26, 2015}} 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.{{cite web|url=https://www.ualrpublicradio.org/local-regional-news/2015-06-26/statements-from-arkansas-officials-on-marriage-ruling?_amp=true|title=Statements From Arkansas Officials On Marriage Ruling|work=KUAR|date=June 26, 2015}}

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.[https://thinkprogress.org/arkansas-same-sex-marriage-constitution-55f7ec470c6c Arkansas Senate wants to ban same-sex marriage and abortion in the U.S. Constitution] 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.[http://www.swtimes.com/news/20170315/arkansas-house-rejects-anti-gay-marriage-abortion-measures Arkansas House rejects anti-gay marriage, abortion measures][https://legiscan.com/AR/bill/SJR7/2017 AR SJR7 | 2017 | 91st General Assembly]

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.[http://www.thv11.com/news/local/bill-filed-to-make-marriage-between-man-and-woman/420870951 Proposed bill would ban same-sex marriage in Arkansas] It was withdrawn by Meeks on March 14.[https://legiscan.com/AR/bill/HB2098/2017 AR HB2098 | 2017 | 91st General Assembly][http://www.thv11.com/news/local/arkansas-representative-withdraws-bill-banning-same-sex-marriage/422542565 Arkansas representative withdraws bill banning same-sex marriage]

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.{{cite web|url=https://escholarship.org/content/qt77q7s8jz/qt77q7s8jz.pdf?t=lnpdiy|title=Census Snapshot|accessdate=August 30, 2022|work=Williams Institute}}

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.{{cite web|url=https://data.census.gov/table/DECENNIALDHC2020.PCT15?t=Families%20and%20Living%20Arrangements&d=DEC%20Demographic%20and%20Housing%20Characteristics|title=PCT1405 Couple Households, By Type|access-date=11 December 2023|work=United States Census Bureau}}

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).{{cite news |last=Bolcer |first=Julie |url=http://www.advocate.com/News/Daily_News/2010/11/18/Eureka_Springs_to_Offer_Partner_Benefits/ |title=Eureka Springs to Offer Partner Benefits |publisher=Advocate.com |accessdate=2013-11-02 |url-status=dead |archive-url=https://web.archive.org/web/20101212162340/http://advocate.com/News/Daily_News/2010/11/18/Eureka_Springs_to_Offer_Partner_Benefits/ |archive-date=December 12, 2010 |df=mdy-all }} On November 12, 2012, the Eureka Springs City Council endorsed marriage for same-sex couples, becoming the first city in Arkansas to do so.{{cite news|last=Brantley |first=Max |url=http://www.arktimes.com/ArkansasBlog/archives/2012/11/14/were-over-the-hump |title=Arkansas Times Blog - November 14, 2012 |publisher=Arktimes.com |date=2012-11-14 |accessdate=2013-11-02}}

• LGBT rights in Arkansas
• Same-sex marriage in the United States

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• {{cite web|url=https://cases.justia.com/federal/district-courts/arkansas/aredce/4:2013cv00410/94012/78/0.pdf?ts=1442308731|title=Jernigan v. Crane|work=U.S. District Court for the Eastern District of Arkansas|date=November 25, 2014|archive-url=https://web.archive.org/web/20240515142150/https://cases.justia.com/federal/district-courts/arkansas/aredce/4:2013cv00410/94012/78/0.pdf?ts=1442308731|archive-date=May 15, 2024}}

{{Same-sex marriage in the United States}}

Arkansas

Category:LGBTQ rights in Arkansas

Category:2014 in Arkansas

Category:2015 in Arkansas

Category:2014 in LGBTQ history

Category:2015 in LGBTQ history

Category:Marriage in Arkansas

Category:LGBTQ history in Arkansas