“[M]otion for emergency stay denied.” Law barring clerks from issuing marriage licenses to same-sex couples remains in effect, though, the court adds.
Jennifer Rambo (right) of Fort Smith, Ark., kisses her partner, Kristin Seaton, (left) of Jacksonville, Ark., following their marriage ceremony in front of the Carroll County Courthouse on Saturday, May 10, in Eureka Springs, Ark.
AP Photo/Sarah Bentham
WASHINGTON — The Arkansas Supreme Court dismissed the state's appeal of the pending case over the state's same-sex marriage ban and denied a request to put the trial court order on hold for now.
The court opinion also, however, throws into question whether clerks have had authority to issue marriage licenses to same-sex couples since the May 9 trial court ruling finding the state's constitutional ban on same-sex couples' marriages unconstitutional.
Although the state appealed the trial court ruling, the plaintiffs in the case responded to the state Supreme Court that the appeal should be dismissed because it preceded the judge's final order in the case.
Because "the [trial] court's order is not final," the state Supreme Court opinion agreed with the plaintiffs in an unsigned opinion Wednesday evening, "we have no jurisdiction to hear the appeal." The appeal is dismissed "without prejudice," meaning the case can be appealed once the final order is issued.
The state also requested, whether the court heard the appeal or dismissed it as premature, to issue a stay of the trial court opinion pending any appeal "because circuit and county clerks are confused as to whether they may issue same-sex marriage licenses."
As to that, the state Supreme Court noted:
"[T]he circuit court did not issue a ruling with regard to Ark. Code Ann. Sec. 9-11-208(b) (Repl. 2009), 'License not issued to persons of the same sex.' Therefore, the circuit court's order has no effect on Ark. Code Ann. Sec. 9-11-208(b) and its prohibition against circuit and county clerks issuing same-sex marriage licenses. Accordingly, we deny the State's petition for an emergency stay of the circuit court's May 9, 2014 order."
Notably, the court — while denying the stay — also states that the current order by Circuit Court Judge Christopher Piazza has "no effect" on the state law that bars clerks from issuing marriage licenses to same-sex couples.
Plaintiffs have stated that Piazza's failure to mention the statute in his order was "an oversight" that they expect to get resolved.
[Update: This story was updated and expanded with the final update at 7:25 p.m.]
