Federal Judge Overturns Arkansas Marriage Equality Ban

Written by scott on November 26th, 2014

ArkansasA federal judge just struck down the state’s ban on marriage equality.

The Washington Blade reports:

U.S. District Judge Kristine Baker, an Obama appointee, wrote in a 45-page decision that Arkansas’ prohibition on gay nuptials, known as Amendment 83, violates the fundamental right to marriage protected by Due Process Clause and Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. “As demonstrated, a most searching examination of Separate Defendants’ proposed reasons for Arkansas’s marriage laws reveals that these laws are not narrowly tailored to achieve a compelling state interest,” Baker writes. “The bases Separate Defendants suggest for upholding Amendment 83 and the challenged statutes, primarily encouraging procreation and ensuring the best interests of children, in addition to the laws’ mismatched means, do not withstand strict scrutiny.”

Queerty flags some of the best quotes from the decision, including:

These cases underscore that the drafters of the Fifth and Fourteenth Amendments “knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.”

The judge stayed her own decision, so there will be no same-sex weddings immediately.

Find more articles and gay wedding resources in Arkansas.

 

1 Comments so far ↓

  1. Eric Osterberg says:

    All of these stays that have gone to SCOTUS have resulted in decisions by SCOTUS to support marriage equality.

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