AG McDaniel To File Appeal On Same-sex Marriage Ban Ruling

Arkansas Attorney General Dustin McDaniel said Tuesday (Dec. 23) that he would appeal a federal judge’s ruling that struck down Amendment 83, the state’s constitutional ban on same-sex marriage.

U.S. District Judge Kristine Baker ruled last month that the ban was unconstitutional, but she stayed her ruling allowing for an appeal.

The Arkansas Supreme Court is also considering a decision on the law thanks to a similar lawsuit, but it has yet to make a determination.

McDaniel said he is filing a notice of appeal with the 8th Circuit U.S. Court of Appeals in St. Louis regarding Baker’s decision ahead of a pending deadline and, in part, due to the fact that the state’s highest court has yet to make a ruling.

“I had hoped that the Arkansas Supreme Court would rule in Wright v. Smith prior to the deadline to file notice of appeal in the federal case. Had they done so, their guidance would have been helpful,” McDaniel said. “Because it appears that the Arkansas Supreme Court will not announce its decision before December 26, which is the deadline to submit a notice of appeal in the federal case, I believe it is necessary to file this notice, in keeping with my obligation to oppose all challenges to our State Constitution.”