Judge: Arkansas must recognize in-state same-sex marriages

LITTLE ROCK — A judge has ordered Arkansas officials to recognize over 500 same-sex marriages performed in the state last year, a move that will let the couples enjoy benefits such as filing taxes jointly.

Pulaski County Circuit Judge Wendell Griffen on Tuesday validated marriage licenses issued to same-sex couples after another judge struck down the state's gay marriage ban. The state Supreme Court halted the distribution of marriage licenses to gay couples after a week in May 2014 and is considering the appeal over a voter-approved same-sex marriage ban.

Some same-sex couples who were married during a small "window" in May 2014 after Pulaski County circuit Court Judge Chris Piazza ruled that the state's ban on gay marriage was unconstitutional sued to have their marriages recognized by the state. Plaintiffs' attorney Cheryl Maples argued in court Monday that her clients have not been able to file joint tax returns with the Department of Finance and Administration, nor have state employees been able to add their same-sex spouse to their health insurance plans.

In the order, Griffen directs Department of Finance and Administration Director Larry Walther to "accept joint income tax returns and accept applications for state health insurance from same-sex couples who were married between May 10 and May 16, 2014."

Attorney General Leslie Rutledge on Tuesday said in a statement she is "evaluating the ruling" because the same-sex marriages from last year "do not fall within the State's definition of marriage between one man and one woman."

Assistant Attorney General Colin Jorgensen argued that the marriage licenses were not legally issued because Piazza did not address all of the state laws guiding marriage and the issuance of licenses in his original May 9, 2014 order. Piazza issued a "nunc pro tunc" order on May 15 to correct those errors, but Jorgensen said in court that the judge did not have the authority to do so since the original order did not address those laws.

Griffen called Jorgensen's defense "absurd" in his written order and said that Piazza issued the "nunc pro tunc" order to "correct errors or mistakes or to prevent the miscarriage of justice."

Griffen also directed Walther to extend the same "rights, privileges, and benefits recognized for heterosexual marriages" to all same-sex couples married from May 10 through May 16, 2014.

Griffen's ruling means the couples can file taxes jointly, appear jointly on a child's birth certificate, enroll together on state health insurance plans or even file for divorce. The state could appeal.

Griffen was among those who presided over same-sex weddings last year.

Read Wednesday's Arkansas Democrat-Gazette for full details.

• SPECIAL SECTION: Gay marriage in Arkansas
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