Updated: Arkansas Same-Sex Marriage Ban Ruled Unconstitutional By Federal Judge

A federal judge has struck down another same-sex marriage ban, this time in Arkansas.

U.S. District Judge Kristine Baker has ruled that Arkansas’ voter-approved ban on same-sex marriage is unconstitutional. Judge Baker, as many before her have, stayed her ruling. The State is expected to appeal to the 8th Circuit.

The case, Jernigan v. Crane, was won by two same-sex couples and was heard just four days ago. 

The AP reports that “Attorney General Dustin McDaniel’s office had argued in federal court that same-sex marriage was not a fundamental right guaranteed by the constitution. McDaniel, a Democrat who is leaving office in January due to term limits, has said he personally supports allowing gay couples to marry but will continue defending the ban — approved by voters by a 3-1 margin — in court.”

Freedom to Marry identifies that plaintiffs as “Becca and Tara Austin and Rita and Pam Jernigan, who argue in the case that they want to marry in their home state of Arkansas. Randy and Garry Eddy-McCain married in New York, but they are treated as unmarried by Arkansas.”

UPDATE I –
 

UPDATE II –

Via Freedom to Marry:

In total, 55 decisions have been issued in favor of the freedom to marry in state and federal court since June 2013, when the U.S. Supreme Court struck down the core of the so-called Defense of Marriage Act in Windsor v. United States. Thirty-five rulings have been issued in federal court, fifteen have been issued in state court, and five have been issued by a federal appellate court. Just four courts – most notably, the U.S. Court of Appeals for the 6th Circuit – have upheld marriage discrimination. Plaintiffs from the 6th Circuit cases, out of Kentucky, Michigan, Ohio and Tennessee, are now seeking review from that out-of-step ruling from the United States Supreme Court, as are plaintiffs in a federal case from Louisiana, where a judge also upheld discrimination. 

 

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