Same-sex Marriage Debate Turns New Corners

As scores of gay couples flocked to get married at county courthouses on Monday, questions surrounding the future of a judge’s ruling overturning a state law banning gay marriage grew in number.

Today, Attorney General Dustin McDaniel (D) requested a stay from the Arkansas Supreme Court, which will consider an appeal of the ruling issued by Pulaski County Circuit Judge Chris Piazza on Friday (May 9).

Piazza struck down Arkansas’ ban on same-sex marriages in a case challenging a statute passed in 1997 and a state constitutional amendment approved by voters in 2004. Both exclude same-sex couples from marriage and forbid the state from recognizing same-sex marriages from other jurisdictions.

The 2004 amendment to the Arkansas Constitution — Amendment 83 — passed with 75% of support from Arkansas voters. Ten years later, public sentiment towards gay marriage may be more nuanced. A January 2014 Talk Business-Hendrix College Poll found that 50% of voters opposed legally recognizing gay marriage, while voters were split on supporting full marital rights for same-sex couples versus civil unions or domestic partnerships.

The question posed to 520 likely Arkansas voters had a margin of error of +/-4.3%.

Q. Which of the following policy positions most closely resembles your own view regarding relationships between two people of the same sex?

21.5%  Gay couples should be allowed to legally marry
24%   Gay couples should be allowed to form civil unions or domestic partnerships, but not legally marry
50%    There should be no legal recognition of a gay couple’s relationship
4.5%   Don’t know

COURT MOVES
If the Arkansas Supreme Court grants a stay — by some estimates, as early as Tuesday — it would put a halt on the issuance of same-sex marriage licenses until the court rules. The court could also refuse to issue a stay, but agree to take up the case allowing marriage licenses to continue to be issued, although this scenario is viewed as unlikely. The court could take months to issue a final ruling.

Consensus among several legal experts contacted today said that if the Supreme Court overturns Piazza’s decision, then the marriages that have taken place since Piazza’s ruling would remain valid and recognized. The marriages could not be nullified without due process, meaning a lawsuit would have to challenge the same-sex marriages.

Depending on the Arkansas Supreme Court’s ruling, there is a chance for the case to be appealed to the U.S. Supreme Court as Piazza’s ruling cited the 14th Amendment to the U.S. Constitution.

Attorney General McDaniel’s office refused to speculate on if the case would be appealed beyond the state’s borders.

“It would be premature to address that at this time,” said McDaniel spokesman Aaron Sadler.

PARTISAN APPROACHES
Several legislative Republicans are researching a possible impeachment of Judge Piazza. The state constitution allows for the removal of judges from office.

“The House of Representatives shall have the sole power of impeachment. All impeachments shall be tried by the Senate,” Article 15 of the Arkansas Constitution says. “The governor, upon the joint address of two-thirds of all the members elected to each House of the General Assembly, for good cause, may remove the Auditor, Treasurer, Secretary of State, Attorney-General, Judges of the Supreme and Circuit Courts, Chancellors and Prosecuting Attorneys.”

Legislative researchers were studying whether impeachment proceedings could be started by a simple House caucus or if the Governor would have to call a special session as the Arkansas General Assembly is not in session.

Earlier Monday, sources said a group of legislators were discussing a potential impeachment resolution to be presented this Friday at an Arkansas Legislative Council meeting. By Monday evening, one source said he doubted the resolution would be ready for consideration by then.

House Speaker Davy Carter (R-Cabot) and the office of Gov. Mike Beebe (D) have said they don’t believe an impeachment can be brought, nor should it.

“I’m telling you that it’s not going to happen,” Carter said over the weekend.  Governor Beebe’s spokesman Matt DeCample said the appeals process would be the appropriate course of action.

The Republican Party of Arkansas emailed its members on Monday evening asking for contributions to the party coffers in the wake of Judge Piazza’s ruling.

“Help us fight against judicial overreach,” the email stated, mentioning Piazza by name. “One member of the judicial system deciding that he is superior to the law is not only dangerous, but it is unconstitutional. We must ENSURE that our elected and appointed officials uphold the will of the people of Arkansas and we can’t do it without you. HELP US to elect more conservative legislators and a Republican Governor in 2014 by contributing to the Republican Party of Arkansas here!”

Democratic Party officials did not respond to a request for comment.

Talk Business & Politics host Roby Brock discussed several of the legal angles and poll results on KATV Ch. 7 on Monday night’s 5 p.m. newscast.  Watch more at this link.