Wright v. Arkansas

Last updated
Wright v. Arkansas
Seal of Arkansas.svg
No. 60CV-13-2662
Court Arkansas Circuit Court, Pulaski County
DecidedMay 15, 2014
Citation(s)2014 WL 1908815
Case history
Prior action(s)Stay denied sub. nom. Wright v. Smith, No. CV-14-414 (Ark. Sup. Ct. May 14, 2014); initial opinion entered, (Ark. Cir. Ct., Pulaski Co., May 9, 2014).
Subsequent action(s)Stay ordered sub. nom. Smith v. Wright, No. CV-14-427 (Ark. Sup. Ct. May 16, 2014).
Holding
This opinion, clarifying a May 9, 2014 opinion nunc pro tunc , finds Arkansas law (including constitutional law, statutory law, and regulations) to the extent it prohibits same-sex marriage as violating U.S. Constitutional guarantees.
Court membership
Judge(s) sittingChris Piazza, C.J.

Wright v. Arkansas is a same-sex marriage case pending before the Arkansas Supreme Court. An Arkansas Circuit Court judge ruled the Arkansas Constitution's ban on same-sex marriage unconstitutional on May 9, 2014. He clarified his opinion to include state statutes that interfered with allowing or recognizing same-sex marriage as well. The state Supreme Court issued a stay in the case on May 16, 2014, but approximately 450 same-sex marriage licenses were issued before the stay went into effect.

Contents

Initial proceedings

On July 2, 2013, a group same-sex couples filed a state lawsuit challenging Arkansas Constitution Amendment 83's definition of marriage and its denial of recognition to same-sex unions established in other jurisdictions. It named nine state officials and several country clerks as defendants. They claimed violations of their rights to privacy, due process, and equal protection, as well noncompliance with the full faith and credit clause. [1] [2] After additional plaintiffs joined the suit, the plaintiffs were 20 couples, some of whom had married in Iowa, Massachusetts, or Canada, some of whom were registered as domestic partners in Eureka Springs and one in California, and some of whom had been denied marriage licenses by county clerks in Arkansas. Two of the couples sued on behalf of three children as well. [3]

Wright v. Arkansas was assigned to state Circuit Judge Chris Piazza. Wright survived a motion to dismiss on December 12, 2013. On February 26, 2014, the plaintiff couples filed a motion for summary judgment. at the conclusion of oral arguments on April 17, Judge Piazza announced his intention to rule on that motion within two weeks. [4]

Circuit court ruling

On May 9, 2014, Judge Piazza ruled in Wright v. Arkansas, granting the plaintiffs' motion for summary judgment and striking down Arkansas's same-sex marriage ban. He wrote: "The exclusion of same-sex couples from marriage for no rational basis violates the fundamental right to privacy and equal protection ... The difference between opposite-sex and same-sex families is within the privacy of their homes." [5] [6] Judge Piazza did not act on an initial motion for a stay on the implementation of his decision.

The next day, May 10, was a Saturday when county offices are typically closed, but several clerks' offices were open because Arkansas was in its early voting period for an upcoming primary. The first same-sex marriage license was issued that morning in Eureka Springs. On Monday, May 12, more counties, including the state's most populous county, Pulaski, which includes Little Rock, begin issuing licenses. [7] [8]

Arkansas Attorney General Dustin McDaniel, who had announced his support for same-sex marriage on May 3, said that he would appeal the ruling. [9] [10]

Appeal and stay

Attorney General McDaniel filed an appeal of the ruling on May 10 and submitted a petition for an emergency stay to the Arkansas Supreme Court on May 12. In the petition, the state defendants noted that the U.S. Supreme Court had issued a stay in Herbert v. Kitchen and urged the court to follow that precedent. A group of Arkansas county clerks also filed a petition for a stay, claiming that while Piazza's ruling overturned the state's constitutional same-sex ban, it did not address the state's statutory ban, causing confusion and uncertainty. [11] [12]

The plaintiff same-sex couples responded, arguing that the defendants' petition for a stay was premature because the circuit court had not yet acted on the initial stay, and that any confusion for the clerks should be remedied by a motion to clarify and correct the initial order, not a stay. On the appeal issue, the plaintiffs argued that while Judge Piazza's order granted them declaratory judgment, it had not addressed the issue of injunctive relief, therefore it was not a final order and could not be appealed. [13] [14]

On May 14, 2014, the Arkansas Supreme Court found that Judge Piazza's order was not a final one and that it therefore lacked jurisdiction to hear the appeal, which was premature. The Court denied the request for a stay, noting that the circuit court's order left in place Arkansas's statutory ban on same-sex marriage, Ark. Code Ann. § 9-11-208(b). [15]

On May 12, former Governor Mike Huckabee called on Governor Mike Beebe to call a special session of the legislature to impeach Piazza. He wrote: "Judge Chris Piazza, a circuit court judge in my home state of Arkansas, decided that he is singularly more powerful than the 135 elected legislators of the state, the elected Governor, and 75% of the voters of the state. Apparently he mistook his black robe for a cape and declared himself to be 'SUPER LAWMAKER!'" [16] Several legislators advocated impeachment as well, but Republican House Speaker Davy Carter said that "Trying to impeach a judge because you don't like his or her decision notwithstanding the subject matter is absurd and goes against hundreds of years of the way our great country has conducted business under our three branches of government". [17]

Clarification of the circuit court opinion

Once the Arkansas Supreme Court noted that Judge Piazza's order was silent about the state statutory same-sex marriage ban, all of the state's county clerks stopped issuing marriage licenses to same-sex couples. On May 15, the Wright plaintiffs filed a motion for clarification of judgment with Judge Piazza. Defendants did not object to clarification, but sought a final order, and renewed their demand for a stay. [18] [19]

Judge Piazza issued his clarified order the same day. In it, he criticized the defense for appealing the case to the state Supreme Court on a non-business day, in violation of court rules. The judge said "[I]t is and was the intent of the Order to grant Plaintiffs' Motion for Summary Judgment without exception and as to all injunctive relief requested therein. In fact, this was the expressly stated title of the May 9, 2014, Order." He granted the plaintiff same-sex couples a permanent injunction preventing the state from enforcing the constitutional ban against same-sex marriage as well as "all other state and local laws and regulations identified ... or otherwise in existence to the extent they do not recognize same-sex marriages validly contracted outside Arkansas, prohibit otherwise qualified same-sex couples from marrying in Arkansas or deny same-sex married couples the rights, recognition and benefits associated with marriage in the State of Arkansas." [20]

On May 15, the judge entered his clarification and denied the state's motion for a stay. The state filed a notice of appeal immediately. [21]

Supreme Court activity

On May 16, without comment, the state Supreme Court stayed Piazza's ruling pending appeal, preventing the issuance of additional marriage licenses to same-sex couples. [22] [23] On August 6, the Attorney General's office asked the court to stay proceedings pending the resolution of Herbert v. Kitchen , noting that Utah officials had just asked the U.S. Supreme Court to review that case in which the Tenth Circuit Court of Appeals had found Utah's ban on same-sex marriage unconstitutional. [24]

On August 4, the plaintiff same-sex couples moved to have any Supreme Court justice who was running for re-election recuse himself from the case. They cited a resolution by the state legislature calling on the court to uphold the state's ban and comments by legislators that voters should be allowed to recall judges as "intimidation tactics". [25] The court denied the request on September 4. [26]

On October 7, the plaintiffs filed their brief in the case, citing actions by the U.S. Supreme Court the day before, including its refusal to hear Kitchen, and asking the court to hear oral arguments. [27] On October 9, the court denied Attorney General Dustin McDaniel's request, now outdated, to suspend proceedings pending the outcome of other cases. [28] The court on October 14 granted the request for oral arguments. [29] The court heard oral arguments on November 20. [30]

The Court did not issue an opinion in the six weeks before the end of 2014, an unprecedented delay. The Court's membership changed with the new year, and a delay of several more weeks is anticipated, possibly even the rescheduling of oral arguments. [31] On January 23, 2015, state Attorney General Leslie Rutledge requested a rehearing based on the change in the court's membership: "Two Associate Justices were not seated on the Arkansas Supreme Court when the first oral argument was held in November 2014, and Chief Justice Hannah was absent due to a national meeting of chief justices." [32] On February 5, the court asked for briefs on the question of which judges should consider the case. [33] On May 7, the Supreme Court ruled that the justices now serving on the court should consider the case. It denied any further role to the special justice appointed by the governor in 2014 to serve in place of a justice who had recused himself, given that the term of the recused justice had ended and the new justice elect to his seat was prepared to participate in the case. [34]

The court never issued an opinion before the Supreme Court of the United States declared in Obergefell v. Hodges that the constitution guarantees the right to marry to same-sex couples. The same day, the Arkansas Supreme Court dismissed the appeal in Wright.

On November 11, 2015, former Justice Donald Corbin, one of the original justices to hear the case, revealed that the Court had voted 5–2 to strike down the state's marriage ban in 2014. Corbin stated that he wrote a majority opinion finding that Arkansas' ban on same-sex marriage violates both the Arkansas and U.S. Constitutions. Corbin urged the other justices to issue the opinion before the end of his term in 2014, but for unstated reasons, the ruling was never issued. Instead, the court waited for the Supreme Court to decide another case on the same issue, and dismissed Wright as moot. [35]

See also

Related Research Articles

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<i>Kitchen v. Herbert</i> American legal case

Kitchen v. Herbert, 961 F.Supp.2d 1181, affirmed, 755 F.3d 1193 ; stay granted, 134 S.Ct. 893 (2014); petition for certiorari denied, No. 14-124, 2014 WL 3841263, is the federal case that successfully challenged Utah's constitutional ban on marriage for same-sex couples and similar statutes. Three same-sex couples filed suit in March 2013, naming as defendants Utah Governor Gary R. Herbert, Attorney General John Swallow, and Salt Lake County Clerk Sherrie Swensen in their official capacities.

This is a list of notable events in the history of LGBT rights that took place in the year 2014.

Tanco v. Haslam was the lead case in the dispute of same-sex marriage in Tennessee. A U.S. District Court granted a preliminary injunction requiring the state to recognize the marriages of the plaintiffs, three same-sex couples. The court found the equal protection analysis used in Bourke v. Beshear, a case dealing with a comparable Kentucky statute "especially persuasive." On April 25, 2014, that injunction was stayed by the Sixth Circuit Court of Appeals. Tanco was appealed to the Sixth Circuit, which reversed the district court and upheld Tennessee's refusal to recognize same-sex marriages from other jurisdictions on November 6.

Same-sex marriage in Mississippi has been legal since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-sex marriage was unconstitutional. Enforcement of his ruling was stayed pending appeal to the Fifth Circuit Court of Appeals. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples is unconstitutional under the U.S. Constitution. On June 29, Attorney General Jim Hood ordered clerks to comply with the court ruling and issue marriage licenses to same-sex couples. The Fifth Circuit lifted its stay on July 1, and Judge Reeves ordered an end to Mississippi's enforcement of its same-sex marriage ban. However, until July 2, 2015, several counties in Mississippi continued to refuse to issue marriage licenses, including DeSoto, Jasper, Jones, Newton, Pontotoc, Simpson and Yalobusha.

Same-sex marriage in Missouri has been legal since the U.S. Supreme Court's landmark ruling in Obergefell v. Hodges, which struck down state bans on marriages between two people of the same sex on June 26, 2015. Prior to the court ruling, the state recognized same-sex marriages from other jurisdictions pursuant to a state court ruling in October 2014, and certain jurisdictions of the state performed same-sex marriage despite a statewide ban.

Same-sex marriage in Arkansas has been legal since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, in which the court struck down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.

<i>Whitewood v. Wolf</i>

Whitewood v. Wolf is the federal lawsuit that successfully challenged the Pennsylvania Marriage Laws, as amended in 1996 to ban same-sex marriage. The district court's decision in May 2014 held that the Marriage Laws violated the Due Process and Equal Protection clauses of the United States Constitution. Same-sex couples immediately sought and received marriage licenses and the decision was not appealed. One county clerk sought repeatedly without success to intervene to defend the law.

<i>De Leon v. Perry</i>

De Leon v. Perry was a federal lawsuit challenging Texas marriage law, specifically the state's constitutional ban on same-sex marriage and corresponding statutes. A U.S. district court ruled in favor of the plaintiff same-sex couples on February 26, 2014, granting their motion for a preliminary injunction. The state defendants filed an interlocutory appeal before the United States Court of Appeals for the Fifth Circuit, as the disposition on the motion was not a final ruling in the case. On April 14, 2014, the plaintiffs filed a motion for an expedited hearing, which was denied on May 21, 2014. The plaintiffs filed another motion for an expedited hearing on October 6, 2014, after the Supreme Court of the United States denied appeals in other marriage equality cases, and the motion was granted on October 7, 2014, setting a hearing for November 2014. However, on October 27, 2014, the Fifth Circuit set oral arguments for January 9, 2015.

<i>Latta v. Otter</i>

Latta v. Otter is a case initiated in 2013 in U.S. federal court by plaintiffs seeking to prevent the state of Idaho from enforcing its ban on same-sex marriage. The plaintiffs won in U.S. District Court. The case was appealed to the Ninth Circuit Court of Appeals, which heard this together with two related cases–Jackson v. Abercrombie, and Sevcik v. Sandoval.

<i>Baskin v. Bogan</i>

Baskin v. Bogan, the lead Indiana case challenging that state's denial of marriage rights to same-sex couples, was filed in federal district court on March 12, 2014, naming several government officials as defendants. Chief Judge Richard L. Young found for the plaintiffs on June 25. A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit upheld the district court ruling in a unanimous decision on September 4.

<i>Wolf v. Walker</i>

Wolf v. Walker is a federal lawsuit filed in February 2014 that challenged Wisconsin's refusal to grant marriage licenses to same-sex couples, its refusal to recognize same-sex marriages established in other jurisdictions, and related statutes. In June 2014, Judge Barbara Crabb of the U.S. District Court for the Western District of Wisconsin ruled for the plaintiffs. And in the week before she stayed her decision county clerks in 60 of the state's 72 counties issued marriage licenses to same-sex couples and some performed marriage ceremonies for them. The state appealed her decision to the Seventh Circuit Court of Appeals, which affirmed her opinion in a unanimous decision on September 4. The state requested a writ of certiorari from the U.S. Supreme Court, which was denied on October 6. Same-sex marriages resumed after the Seventh Circuit issued its mandate the next day.

<i>Burns v. Hickenlooper</i>

Burns v. Hickenlooper is a lawsuit filed on July 1, 2014, in federal district court in Colorado, challenging that state's denial of marriage rights to same-sex couples. The plaintiffs' complaint alleged that the defendants have violated the Fourteenth Amendment by denying plaintiffs the fundamental right of marriage. The defendants agreed with the substance of the plaintiffs' case, but asked the district court to stay implementation of any order requiring Colorado to alter enforcement of its ban pending the outcome of other litigation. After the district court declined to grant more than a one-month stay on July 23, the state's governor and attorney general appealed and won a stay from the Tenth Circuit Court of Appeals on August 21. Following U.S. Supreme Court action in other cases, on October 8 they asked the Tenth Circuit to dismiss their appeal and lift the stay, which would effectively legalize same-sex marriage in Colorado.

In Brenner v. Scott and its companion case, Grimsley v. Scott, a U.S. district court found Florida's constitutional and statutory same-sex marriage bans unconstitutional. On August 21, 2014, the court issued a preliminary injunction that prevents that state from enforcing its bans and then stayed its injunction until stays are lifted in the three same-sex marriage cases then petitioning for a writ of certiorari in the U.S. Supreme Court–Bostic, Bishop, and Kitchen–and for 91 days thereafter. When the district court's preliminary injunction took effect on January 6, 2015, enforcement of Florida's bans on same-sex marriage ended.

Obergefell v. Hodges, 576 U.S. 644 (2015), is a landmark case of the Supreme Court of the United States which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in thirty-six states, the District of Columbia, and Guam.

<i>Arkansas Department of Human Services v. Cole</i> Legal case

Arkansas Department of Human Services v. Cole is a case decided by the Arkansas Supreme Court concerning the adoption rights of unmarried couples. On April 7, 2011, the Arkansas Supreme Court unanimously struck down Arkansas Act 1, passed by voters two and a half years earlier.

References

  1. ↑ Rodgers, Barndon (July 3, 2013). "Lawsuit filed to overturn Arkansas Gay Marriage ban". KNOE. Archived from the original on 2014-01-21. Retrieved July 3, 2013.
  2. ↑ Pulaski County Circuit Court: Wright v. Beebe, July 2, 2013 Archived July 12, 2014, at the Wayback Machine , accessed July 3, 2012
  3. ↑ "Second Amended Complaint" (PDF). Circuit Court of Pulaski County. Retrieved October 18, 2014.
  4. ↑ Ring, Trudy (April 17, 2014). "Ark. Marriage Ruling Likely in Two Weeks". The Advocate. Retrieved April 18, 2014.
  5. ↑ Carpenter, Dale (May 9, 2014). "Arkansas state court strikes down ban on same-sex marriages". Washington Post. Retrieved October 11, 2014.
  6. ↑ Denniston, Lyle (May 9, 2014). "Another same-sex marriage ban falls". SCOTUSblog. Retrieved December 10, 2014.
  7. ↑ "Arkansas clerk issues 1st gay marriage license". The Boston Herald. May 10, 2014. Retrieved May 10, 2014.
  8. ↑ "Gay Couples Marry in Little Rock; AG Seeks Stay". ABC News. May 12, 2014. Retrieved May 12, 2014.
  9. ↑ "Arkansas Attorney General Dustin McDaniel supports gay marriage, defends ban". Politico. Associated Press. May 3, 2014. Retrieved May 3, 2014.
  10. ↑ "Arkansas judge strikes down gay marriage ban". The Washington Post . Associated Press. May 9, 2014. Archived from the original on May 10, 2014. Retrieved May 10, 2014.
  11. ↑ "Arkansas seeks stay on ruling allowing same-sex marriage". Los Angeles Times . Associated Press. May 12, 2014. Retrieved May 12, 2014.
  12. ↑ Jorgenson, Colin, Assistant Attorney General (13 May 2014). "State Defendants-Appellants' Petition for an Emergency Stay, Wright v. Smith, No. CV-14-414". Arkansas Supreme Court. Archived from the original on 15 October 2014. Retrieved 16 May 2014.
  13. ↑ Wagoner, III, Jack (May 13, 2014). "Response to Petition for Emergency Stay, Wright v. Smith, No. CV-14-414". Arkansas Supreme Court. Archived from the original on October 15, 2014. Retrieved May 16, 2014.
  14. ↑ Wagoner, III, Jack (May 13, 2014). "Motion to Dismiss Appeal, Wright v. Smith, No. CV-14-414". Arkansas Supreme Court. Archived from the original on October 15, 2014. Retrieved May 16, 2014.
  15. ↑ Per Curiam (May 14, 2014). "Opinion, Smith v. Wright, No. CV-14-414". Arkansas Supreme Court. Archived from the original on October 15, 2014. Retrieved May 16, 2014.
  16. ↑ Ring, Trudy (May 13, 2014). "Mike Huckabee: Impeach Ark. Marriage Equality Judge". The Advocate. Retrieved October 18, 2014.
  17. ↑ "Ark. lawmaker calls for impeachment of judge who struck down gay marriage ban". LGBTQ Nation. May 11, 2014. Retrieved October 18, 2014.
  18. ↑ Maples, Cheryl and, Wagoner, Jack (15 May 2014). "Plaintiffs' Motion for Clarification of Judgment, Wright v. Smith, No. 60CV-13-2662". Arkansas Circuit Court, Pulaski County. Archived from the original on 17 May 2014. Retrieved 16 May 2014.
  19. ↑ Jorgenson, Colin (Assistant Attorney General) (May 15, 2014). "Response to Motion for Clarification, and Renewed Motion for Stay, Wright v. Smith, No. 60CV-13-2662". Arkansas Circuit Court, Pulaski County. Archived from the original on May 17, 2014. Retrieved May 16, 2014.
  20. ↑ Piazza, Circuit Judge (May 15, 2014). "Final Order, Wright v. Arkansas, No. 60CV-13-2662". Circuit Court of Arkansas, Pulaski County. Archived from the original on May 17, 2014. Retrieved May 16, 2014.
  21. ↑ Piazza, Circuit Judge (15 May 2014). "Order Denying Immediate Stay, Wright v. Arkansas, No. 60CV-13-2662". Arkansas Circuit Court, Pulaski County. Archived from the original on 15 October 2014. Retrieved 16 May 2014.
  22. ↑ "Gay marriage on hold in Arkansas following new ruling". Time. May 16, 2014. Retrieved May 17, 2014.
  23. ↑ Conlon, Kevin (May 16, 2014). "Court halts Arkansas same-sex marriages". CNN Justice. Retrieved October 11, 2014.
  24. ↑ DeMillo, Andrew (August 6, 2014). "Ark. officials ask courts to suspend same-sex marriage cases". LGBTQ Nation. Associated Press. Retrieved October 18, 2014.
  25. ↑ DeMillo, Andrew (August 4, 2014). "Couples ask Ark. justices seeking re-election to recuse in marriage case". LGBTQ Nation. Associated Press. Retrieved October 18, 2014.
  26. ↑ "Ark. Supreme Court denies recusal bid in same-sex marriage case". LGBTQ Nation. Associated Press. September 4, 2014. Retrieved October 18, 2014.
  27. ↑ DeMillo, Andrew (October 7, 2014). "Couples ask Arkansas court to strike marriage ban". Washington Times. Associated Press. Retrieved October 11, 2014.
  28. ↑ "Court won't delay same-sex marriage case". Arkansas News. Arkansas News Bureau. October 9, 2014. Archived from the original on October 13, 2014. Retrieved October 11, 2014.
  29. ↑ "Docket Report Results for Wright v. Smith, cv-14-427". Arkansas Judiciary. Archived from the original on October 14, 2014. Retrieved October 14, 2014.
  30. ↑ DeMillo, Andrew (November 20, 2014). "Arkansas Supreme Court takes up gay marriage case". Washington Times. Associated Press. Retrieved November 20, 2014.
  31. ↑ Brantley, Max (January 2, 2015). "Changed Arkansas Supreme Court to hear marriage case". Arkansas Times. Retrieved January 2, 2015.
  32. ↑ Brantley, Max (January 23, 2015). "Attorney General Rutledge asks for new arguments in same-sex marriage case". Arkansas Times. Retrieved January 23, 2015.
  33. ↑ Brantley, Max (February 5, 2015). "Arkansas Supreme Court injects more delay into same-sex marriage case". Arkansas Times. Retrieved February 5, 2015.
  34. ↑ "Smith v. Wright Majority Opinion". Scribd.com. Supreme Court of Arkansas. Retrieved May 7, 2015.
  35. ↑ "Former Justice: Arkansas Supreme Court Voted to Strike Marriage Ban". 10 November 2015.
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