General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsConservative Arkansan county officials still digging in their heels over marriage equality...
http://searktoday.com/cliff-gibsons-instructions-county-clerk-regarding-sex-marriage-decision/Although it is unclear from the decision, the Arkansas Democrat-Gazette article reporting on the decision stated that a small number of Arkansas Counties were among the defendants in the case, but, notably, neither Drew County nor you as Drew County Clerk were joined as a defendant in the case, and the Democrat-Gazette article stated that at least one county was dropped as a defendant from the case before the decision was made and entered. I would, however, note that the Democrat-Gazette article did report that at least a couple of State agencies were defendants in the case.
It is my opinion that the Pulaski County Circuit Courts decision on same sex marriage does not apply to Drew County or you as Drew County Clerk at least at this time because neither Drew County nor you were sued in the case and, consequently, had no opportunity to be heard on the merits of the issues before the decision was made. While that Pulaski County Circuit Court decision is legally binding on the defendants that the plaintiffs selected to sue in that case, it is not legally binding on Counties and County Officials who were not given an opportunity to be heard on the matter before it was decided. My opinion is based on basic notions of due process that come from both the United States and Arkansas Constitutions which basically means that no legal action may be taken against anyone unless and until they have been notified of the proposed action and given an opportunity to be heard before that action is taken.
I do understand from our conversation that there was a telephone conference between County Clerks from across the State to discuss what to do come Monday morning if a same sex couple comes in wanting a marriage license, and that there was a good bit of confusion about what to do. At this point, it is my opinion that the wise thing to do is to not change anything or do anything different as the law against same sex marriage is both a matter of Legislative Act and a provision of the Arkansas Constitution which are both still binding on you and Drew County unless and until either the Arkansas Supreme Court holds otherwise or a Circuit Court with jurisdiction over Drew County and you as Drew County Clerk rules otherwise.
So far the only counties that I'm aware for certain will be issuing marriage licenses on Monday until a stay/appeal is filed are Pulaski and Carroll.
randys1
(16,286 posts)folks are and i suggest they move to a country where their hatred and bigotry is more acceptable...
You have neighbors starving, dying from not receiving the medicaid expansion, but your energy and assets will be used to block two people from expressing love...
Think about that, you fucking piece of shit...
moriah
(8,311 posts)<snip>
However, Senator Jason Rapert says the judge's decision should not stand since he says 75% of Arkansans voted in 2004 that marriage is between a man and woman.
He said, "I have been contacted today by other legislators that would seek to start impeachment proceedings in the House of Representatives against Judge Chris Piazza."
randys1
(16,286 posts)I want them to grow up or move, I am done with this shit...
https://twitter.com/DidTheyLetUVote
Follow my twitter and let's work together to see if we can #OVERWHELMthepolls in November...
Hestia
(3,818 posts)civil suit, at this time the law only applies to them. Also, the question with the country clerks, Piazza's ruling doesn't mention the other laws on the books that are older than the constitutional amendment.
Also understand the AG is personally for gay marriage but his hands are tied by law and he has to support the law of the state and defend it to the Ark. Supreme Court.
It seems ruling has opened a big can of worms and nothing was really and truly decided on Friday. This will be interesting to see how all of this plays out and we'll see who is who in the land of discrimination.
moriah
(8,311 posts)They weren't even part of the lawsuit.
I hope that Pulaski County, at least, has a few hours to comply with the order on Monday before any stays or appeals are issued. Some of the other county clerks were told on a conference call per the Arkansas Times that they could use the excuse that they didn't have the software in the computers to print out a proper marriage license to refuse to do it, even if they were in a county that was part of the suit. That, I expect, is a rather spurious defense.