The Arkansas Supreme Court on Wednesday declined to issue a stay in a judge's ruling last week allowing same sex couples to obtain marriage licenses.
(Click here to read the Supreme Court opinion)
The opinion released by the Supreme Court means the state's highest court will not prohibit counties from issuing marriage licenses to same sex couples in Arkansas at this time. In the opinion, the Supreme Court states Arkansas' previous ban on same sex marriage is unconstitutional.
A Pulaski County Circuit Court judge on Friday ruled Arkansas' ban on same sex marriage, instituted in 2004, was unconstitutional. Several Arkansas counties responded by issuing marriage licenses to same sex couples earlier this week, although all but two counties stopped issuing same sex licenses before the Supreme Court's opinion was released.
Several county officials said they would wait for the Supreme Court to weigh in on the subject before continuing to issue marriage licenses. Pulaski and Washington counties continued handing out marriage licenses through Wednesday, bringing the total number of same sex marriage licenses issued in Washington County to 138 this week.
Some area same sex couples who got married this week worried a Supreme Court stay could put their marriages in uncertain territory.
Arkansas Atty. Gen. Dustin McDaniel had petitioned the high court to issue a stay in the case, at least temporarily suspending the judge's ruling.
'(McDaniel) asserts that an emergency stay is necessary 'while this court considers the (McDaniel's) appeal, in order to avoid confusion and uncertainty about the effect of the circuit court's order on Arkansas marriage law,'' the Supreme Court opinion states. 'Further, (McDaniel) asserts that circuit clerks across Arkansas are uncertain about whether they are required to immediately issue marriage licenses to same sex couples.'
Stay with 5NEWS for more on this developing story.
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