A federal judge heard arguments Thursday on a challenge to Arkansas's ban on same-sex marriages, but she did not rule from the bench and gave no indication when a decision would be handed down.
U.S. District Judge Kristine Baker listened as an attorney for the state of Arkansas defended the constitutionality of the ban and attorneys for the plaintiffs argued it should be overturned. Voters passed the measure resoundingly in 2004.
Baker didn't ask questions during the hearing and didn't offer any hint of how she will rule. She said at the conclusion of the approximately two-hour long hearing in Little Rock that she would take the arguments "under advisement and under consideration" and issue a written decision.
"It's just not my habit or practice" to rule from the bench, she added.
Assistant Attorney General Nga Mahfouz spoke for the state, noting previous court rulings did not establish same-sex marriage as a "fundamental right" afforded constitutional protection.
Jack Wagoner, who represented challengers of the ban, said previous cases didn't address the issue of whether it's a fundamental right or whether the ban amounts to gender discrimination, both of which he said are relevant to the current challenge.
Wagoner, who earlier Thursday argued against the ban before the state Supreme Court, called the ban discriminatory and noted a vast majority of recent court decisions around the country have come down in favor of allowing same-sex unions.
He said a number of arguments against gay marriage don't stand up to scrutiny, including the fact that voters approved the ban by a 3-to-1 margin.
"They can't vote away your constitutional rights," he said. "Those can't be taken from you."
Read Friday's Arkansas Democrat-Gazette for more on this story.