A federal judge determined Arkansas's ban on same-sex marriage is unconstitutional but has stayed her decision pending appeal.
In a 45-page opinion issued Tuesday afternoon (PDF), U.S. District Judge Kristine Baker said that the voter-approved 2004 amendment that restricts gay marriage restrict same-sex couples' "fundamental right to marry" in violation of the 14th Amendment of the U.S. Constitution.
She added the ban also imposes "unconstitutional classifications on the basis of gender," in violation of the Equal Protection Clause of the 14th Amendment.
Baker, whose ruling came after two gay couples challenged the state's ban, granted injunctive relief to the plaintiffs but stayed her ruling "pending the final disposition of any timely appeal to the Eighth Circuit Court of Appeals."
The state is expected to appeal the decision.
Baker last week heard arguments on the case, telling both sides a written decision would be coming. Earlier that day, the Arkansas Supreme Court heard similar arguments in an appeal of a Pulaski County circuit judge's ruling that overturned the state's ban. The state Supreme Court hasn't yet ruled.
The Pulaski County ruling earlier this year briefly allowed same-sex marriages in parts of the state before it was stayed by the state's high court pending its decision.
Because Baker stayed her ruling, clerks won't be able to issue marriage licenses to same-sex couples at least until the Eight Circuit rules.
Voters in 2004 resoundingly approved Amendment 83 defining marriage in Arkansas as between one man and one woman.
See tomorrow's Arkansas Democrat-Gazette for more on this story.
