Couples awaiting a hearing by the Arkansas Supreme Court judiciously petitioned the judges to recuse themselves if they ever plan to run for re-election.
Six couples who won their same-sex marriage case against the State of Arkansas are now fighting an appeal by the Arkansas Attorney General. In May, Judge Chris Piazza ruled Arkansas’ ban on same-sex marriage violates both the state and federal constitutions.
In a unique move, the couple have filed a petition requesting any Supreme Court judge who plans on running for re-election, recuse themselves from hearing their case.
Why?
The Arkansas Legislative Council “has adopted a resolution sponsored by Sen. Jason Rapert that said Piazza had overreached in his decision,” the Arkansas Times’ Max Brantley reports.
It called on the Supreme Court to uphold the constitutional ban on same-sex marriage and to nullify any of  the roughly 500 marriages that occurred in the week before his ruling was stayed. The resolution, hand-delivered to the court, said the legislature would pursue legislative remedies to prevent the popular will from being thwarted by “judicial activism.” Legislators have said this could include proposing for the ballot a judicial recall mechanism in 2016.
Brantley adds,
The motion said the legislature had filed the resolution with the court, essentially a threat to take action against a judge who ruled contrary to legislative wishes.
The attorneys said they believe the legislature’s action is unprecedented. They said it and public statements threatening judicial recall areÂ
“…intimidation tactics intended to sway this court’s ultimate decision in this case. Furthermore, the actions create the appearance that outside action could have an influence on the case.
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Image of plaintiffs Kristen Seaton and Jennifer Rambo, via Facebook