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Same-sex marriage in Arkansas

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Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
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Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, striking down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.

On November 25, 2014, a federal district court struck down Arkansas's ban on same-sex marriage. The judge stayed her ruling in Jernigan v. Crane pending appeal. After the Obergefell ruling, same-sex couples began obtaining marriage licenses in Arkansas beginning on June 26, 2015.[1]

Statute

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.[2]

Constitution

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.[3]

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.[4] 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, a similar ballot measure but instead for the 2016 ballot.[5][a] 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.[6][7][8][9] On September 19, he accepted the proposal for the 2014 ballot and on November 7,[10] he accepted the one for the 2016 ballot.[11] Both initiatives, however, were not put on the ballot.

Lawsuits

Wright v. Arkansas

Main article: 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.[12] On May 9, 2014, Judge Chris Piazza struck down the constitutional ban and did not stay his ruling.[13] The Arkansas Supreme Court refused to issue a stay because Piazza's ruling was preliminary,[14] and some counties issued marriage licenses to same-sex couples. Judge Piazza clarified his order to enjoin enforcement of state statutes as well,[15][16] freeing county clerks from statutory restrictions on issuing licenses to same-sex couples. More counties issued licenses.[17]

On May 16, 2014, the Arkansas Supreme Court stayed Piazza's ruling pending appeal.[18] 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.[19] 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.[20]

Jernigan v. Crane

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.[21] On January 31, 2014, the county and state defendants filed a motion to dismiss the suit.[22] On July 16, 2014, the plaintiffs filed a motion for summary judgment. Judge Kristine Baker heard oral arguments on November 20.[23]

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.[24] 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.[25] The state filed a notice of appeal in the Eighth Circuit on December 23.[26] The Eighth Circuit dismissed the appeal and affirmed the district court's decision on August 11, 2015.[27]

Frazier-Henson v. Walther

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.[28] 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.

Obergefell v. Hodges

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.[1] 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.[29][30][31]

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."[32] 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.[33]

Developments after legalization

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.[34] 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.[35][36]

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.[37] It was withdrawn by Meeks on March 14.[38][39]

Demographics and marriage statistics

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.[40]

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.[41]

Domestic partnerships

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).[42] On November 12, 2012, the Eureka Springs City Council endorsed marriage for same-sex couples, becoming the first city in Arkansas to do so.[43]

Public opinion

Public opinion for same-sex marriage in Arkansas
Poll source Date(s)
administered 		Sample
size 		Margin of
error 		% support % opposition % no opinion
Public Religion Research Institute March 11 – December 14, 2022 ? ? 51% 47% 2%
Public Religion Research Institute March 8 – November 9, 2021 ? ? 47% 52% 1%
Public Religion Research Institute January 7 – December 20, 2020 439 random telephone
interviewees 		? 58% 37% 5%
Public Religion Research Institute April 5 – December 23, 2017 641 random telephone
interviewees 		? 52% 38% 10%
University of Arkansas October 12–22, 2017 801 ± 3.5% 35% 57% 9%
American Values Atlas/Public Religion Research Institute May 18, 2016 – January 10, 2017 1,008 random telephone
interviewees 		? 42% 50% 8%
University of Arkansas October 18–27, 2016 800 random telephone
interviewees 		± 3.5% 33% 57% 10%
American Values Atlas/Public Religion Research Institute April 29, 2015 – January 7, 2016 782 random telephone
interviewees 		? 37% 57% 6%
University of Arkansas October 19–25, 2015 800 random telephone
interviewees 		± 3.5% 29% 63% 8%
Edison Research November 4, 2014 ? ? 26% 69% 5%
26% 69% 5%
New York Times/CBS News/YouGov September 20 – October 1, 2014 1991 likely voters ± 2.6% 32% 54% 13%
New York Times/Kaiser Family Foundation April 8–15, 2014 857 registered voters ? 35% 57% 8%
Public Policy Polling April 25–27, 2014 840 registered voters ± 3.4% 27% 63% 10%
Greenberg Quinlan Rosner Research/Target Point Consulting June 26–30, 2013 600 adults ± 4.9% 36% 55% 9%

See also

Notes

  1. ^ The text submitted read:[5]
    (Popular Name)
    The Arkansas Marriage Equality Amendment
    (Ballot Title)
    An amendment to the Arkansas Constitution to provide that the right to marry shall not be abridged or denied on account of sex or sexual orientation - providing that no member of the clergy or religious organization shall be required to provide accommodations, advantages, facilities or privileges relating to the solemnization or celebration of marriage and that the refusal to do so shall not create any civil claim or cause of action.
    (Proposed Constitutional Amendment)
    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.

References

  1. ^ a b "The Latest: Arkansas counties begin to issue same-sex marriage licenses". 4029 TV. June 26, 2015. Retrieved June 26, 2015.
  2. ^ "HB1004". arkleg.state.ar.us. Retrieved May 10, 2014.
  3. ^ CNN: Election 2004 - Ballot Measures, accessed April 7, 2011.
  4. ^ "Arkansas group seeks to overturn state's ban on same-sex marriage". LGBTQ Nation. June 27, 2013.
  5. ^ a b "Arkansas Group Submits Proposal for Marriage Equality". Ozarks First. July 10, 2013. Archived from the original on May 13, 2014. Retrieved July 10, 2013.
  6. ^ "Ark. AG rejects language of proposed repeal of anti-gay marriage amendment". LGBTQ Nation. July 12, 2013.
  7. ^ "McDaniel rejects gay marriage ballot measure". ArkansasOnline. August 12, 2013.
  8. ^ "Ark. AG rejects wording on same-sex marriage ballot proposal — again". LGBTQ Nation. September 18, 2013.
  9. ^ "AG Rejects Wording of Gay Marriage Amendments". Edge. October 8, 2013.
  10. ^ "AG Accepts Ballot Title Proposal to Repeal Amendment Banning Same-Sex Marriage". Arkansas Matters. September 19, 2013. Archived from the original on April 27, 2014.
  11. ^ "Arkansas attorney general approves marriage equality ballot language". Equality On Trial. November 8, 2013.
  12. ^ Rodgers, Barndon (July 3, 2013). "Lawsuit filed to overturn Arkansas Gay Marriage ban". KNOE.com. Archived from the original on January 21, 2014. Retrieved July 3, 2013.
  13. ^ "Arkansas judge strikes down state ban on same-sex marriage". Reuters. May 9, 2014. Retrieved May 9, 2014.
  14. ^ Per Curiam (May 14, 2014). "Opinion, Smith v. Wright, No. CV-14-414". Arkansas Supreme Court. Retrieved May 16, 2014.
  15. ^ Piazza, Circuit Judge (May 15, 2014). "Final Order, Wright v. Arkansas, No. 60CV-13-2662". Circuit Court of Arkansas, Pulaski County. Retrieved May 16, 2014.
  16. ^ "Gay marriage in Arkansas resumes". Politico. May 14, 2014. Retrieved May 15, 2014.
  17. ^ "Arkansas clerk issues 1st gay marriage license". The Boston Herald. May 10, 2014. Retrieved May 10, 2014.
  18. ^ "Gay marriage on hold in Arkansas following new ruling". Time. May 16, 2014. Retrieved May 17, 2014.
  19. ^ DeMillo, Andrew (November 20, 2014). "Arkansas Supreme Court takes up gay marriage case". Washington Times. Associated Press. Retrieved December 1, 2014.
  20. ^ "Ex-justice: State Supreme Court voted to strike ban on gay marriage, held ruling". Arkansas News. November 10, 2015.
  21. ^ "Federal lawsuit challenges Arkansas same-sex marriage ban". Arkansas Times. July 15, 2013.
  22. ^ "Docket Sheet, Jernigan v. Crane". U.S. E.D. Arkansas, Case No. 4:13-cv-410. Plainsite.org. Retrieved April 23, 2014.
  23. ^ Brantley, Max; Hardy, Benjamin (November 20, 2014). "Federal judge hears arguments on Arkansas same-sex marriage ban, decision still pending". Arkansas Times. Retrieved November 20, 2014.
  24. ^ Snow, Justin (November 25, 2014). "Federal judge strikes down Arkansas same-sex marriage ban". Metro Weekly. Retrieved November 25, 2014.
  25. ^ DeMillo, Andrew; Wagster Pettis, Emily (November 25, 2014). "Arkansas, Mississippi gay marriage bans overturned". The State (South Carolina). Associated Press. Archived from the original on December 4, 2014. Retrieved November 26, 2014.
  26. ^ "Notice of Appeal to 8th Circuit Court of Appeals". Scribd.com. Eighth Circuit Court of Appeals. Retrieved December 23, 2014.
  27. ^ Satter, Linda (August 12, 2015). "8th Circuit: Judge right to ax gay-nuptials bans". Arkansas Democrat Gazette.
  28. ^ "Complaint for Declarative and Injunctive Relief". Scribd.com. Pulaski County Circuit Court. February 13, 2015. Retrieved February 13, 2015.
  29. ^ "Cleburne County clerk will resign over same-sex marriage licenses". Arkansas Democrat Gazette. June 29, 2015.
  30. ^ Yell County Clerk To Issue Same-Sex Marriage Licenses With “Great Reluctance”/
  31. ^ Van Buren County clerk takes stand against same-sex marriage licenses, later relents
  32. ^ "Governor Asa Hutchinson Issues Statement on Same-Sex Marriage Ruling". Governor of Arkansas. June 26, 2015.
  33. ^ "Statements From Arkansas Officials On Marriage Ruling". KUAR. June 26, 2015.
  34. ^ Arkansas Senate wants to ban same-sex marriage and abortion in the U.S. Constitution
  35. ^ Arkansas House rejects anti-gay marriage, abortion measures
  36. ^ AR SJR7 | 2017 | 91st General Assembly
  37. ^ Proposed bill would ban same-sex marriage in Arkansas
  38. ^ AR HB2098 | 2017 | 91st General Assembly
  39. ^ Arkansas representative withdraws bill banning same-sex marriage
  40. ^ "Census Snapshot" (PDF). Williams Institute. Retrieved August 30, 2022.
  41. ^ "PCT1405 Couple Households, By Type". United States Census Bureau. Retrieved December 11, 2023.
  42. ^ Bolcer, Julie. "Eureka Springs to Offer Partner Benefits". Advocate.com. Archived from the original on December 12, 2010. Retrieved November 2, 2013.
  43. ^ Brantley, Max (November 14, 2012). "Arkansas Times Blog - November 14, 2012". Arktimes.com. Retrieved November 2, 2013.
  • Jernigan v. Crane, U.S. District Court for the Eastern District of Arkansas, November 25, 2014
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