USA, Arkansas: Attorney General Rejects Initiative to Repeal Marriage Equality Ban

Written by scott on July 13th, 2013

Arkansas Attorney General Dustin McDanielThe Arkansas state attorney general has rejected a proposed initiative to overturn the state’s gay marriage ban because of the language. LGBTQ Nation reports:

Arkansas’ attorney general rejected a proposal Friday to repeal the state constitution’s ban on gay marriage, saying the ballot measure’s wording could mislead voters into believing it would automatically legalize same-sex unions. Attorney General Dustin McDaniel told Arkansans for Equality, which wants to put the measure on the ballot for the general election in 2014, that it needs to rework the wording… The proposal calls for repealing a constitutional amendment voters approved in 2004 that defines marriage as between a man and a woman. McDaniel noted that state law also bars gay marriages and would still be in place if the group’s amendment was approved. “A voter might mistakenly interpret the repeal of Amendment 83 as having the immediate effect of sanctioning same-sex marriage. Your proposed ballot title is therefore inherently misleading,” McDaniel wrote.

So even if the initiative gets on the ballot and passes, there’s still another law to be repealed. Another initiative? A legislative act? Or…?

Find more articles and gay wedding resources in Arkansas.


3 Comments so far ↓

  1. Robin says:

    If it’d be allowed and if it passed, all state laws banning same-sex marriage would obviously be unconstitutional. He’s just trying to do everything he can to stop this initiative.

  2. Robin says:

    (all state laws of Arkansas, I mean)

  3. Ned says:

    The attorney general’s point is valid: an uninformed voter could easily assume that repealing the constitutional ban against same-gender civil marriage also repeals the state law against it.

    It would not.

    The constitutional ban has to be removed, AND separately, the statutory ban has to be repealed, revised, and/or replaced.

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