5 counties say no to gay-marriage licenses

Many will wait for high-court opinion after judge struck down state ban Friday

Correction: A lawsuit filed in Pulaski Circuit Court seeking to overturn the state’s ban on same-sex marriages was filed against seven counties: Pulaski, White, Lonoke, Conway, Saline, Washington and Faulkner. Faulkner County was dropped as a defendant earlier this year. This story incorrectly described Faulkner County's status in the case.

Citing a lack of appropriate court documents and confusion over how to interpret a judge's ruling that struck down Arkansas' gay marriage ban, many counties will not issue marriage licenses to same-sex couples until the state Supreme Court issues an opinion on the matter, according to the Association of Arkansas Counties.

Faulkner, Drew, Lonoke, Benton and Garland counties had each announced through news releases or statements to media outlets Sunday that marriage licenses will not be granted to gay couples when their respective courts open this morning.

Pulaski County Circuit Court Judge Chris Piazza ruled Friday that Arkansas' gay-marriage ban violates the state and U.S. constitutions. Arkansas Attorney General Dustin McDaniel announced Saturday night that he will file an appeal with the state Supreme Court.

Faulkner County Attorney David Hogue said the main reason the county will not issue same-sex marriage licenses is because Piazza's ruling conflicts with state law.

Piazza's ruling decided a lawsuit that 20 same-sex couples filed against six Arkansas counties, including Faulkner, and their respective court clerks. Eight of the couples had married outside the state and wanted their unions legally recognized by Arkansas. Twelve of the same-sex couples were seeking to marry in Arkansas.

Hogue said that because Faulkner County Court Clerk Melinda Reynolds was dismissed as a defendant in the lawsuit a month ago, Piazza's judgment cannot be enforced against her. Moreover, Piazza's ruling did not include an injunction requested by the plaintiffs that would have barred the county and the state from enforcing the gay-marriage ban, Hogue said. Reynolds did not respond to a phone call seeking comment.

"Different lawyers are going to take different positions, but I think that the counties have to uphold the Arkansas laws and Arkansas constitution still," Hogue said.

Saturday, 15 gay couples -- some from as far as Texas, Oklahoma and Tennessee -- got marriage licenses at the Carroll County courthouse in Eureka Springs after Piazza's ruling. Also Saturday, the Association of Arkansas Counties hosted a conference call between court clerks and county attorneys from across the state to discuss the ruling's statewide implications.

Chris Villines, executive director of the association, said that no county confirmed to the group that it would begin issuing same-sex marriage licenses beginning today. Many indicated that they would, and many did not, he said.

"I think you're going to see a hodgepodge across the state," he said. "We did our best to explain the situation to everyone. There are a lot of people involved. It's going to depend on the local county attorney's interpretation of what happened."

Many counties that use marriage licenses pre-printed with titles for heterosexual applicants appeared most likely to wait on a decision by the state Supreme Court, Villines said.

"I think the ones that are using the pre-printed forms are the ones that would be the hardest to bring up to speed because they'd have to go out and order more forms. Some of the others are going to have print forms with more basic language," Villines said.

In the conference call, many county attorneys expressed the desire for the state Supreme Court to grant a stay of Piazza's ruling, Association of Arkansas Counties spokesman Scott Perkins said. Because of early voting taking place in statewide primary elections, court clerks have little time available.

"It puts clerks in a tough situation," Perkins said. "It's critical that a stay is granted on this to allow clerks to understand how to accurately serve their citizens -- same-sex couples and other applicants."

But same-sex couples are not going to wait. Several seeking to be married are expected to line up outside the Pulaski County courthouse this morning.

Pulaski County Circuit Clerk Larry Crane said Friday that his office will issue marriage licenses to anyone who is legally entitled to marry. Neither Crane nor Pulaski County Attorney Karla Burnett responded to calls Sunday seeking comment.

The Human Rights Campaign, a national gay-equality organization and four of the plaintiffs in the lawsuit have scheduled a 7:15 a.m. news conference today on the Pulaski County Courthouse steps.

"All loving and committed couples should have the freedom to marry in every Arkansas county," said Human Rights Campaign spokesman Fred Sainz. "There are counties that are not part of the suit that are voluntarily issuing marriage licenses. County officials have the opportunity to be on the right side of history."

A Section on 05/12/2014

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