Updated Letter from County Attorney to County Clerk about Same-Sex-Marraige
May 15th, 2014 by iPhone
Lyna,
As I stated in my earlier communication to you, this is a fast changing matter, and I write you now to update my opinion that you should continue to obey the prohibition of Arkansas law against licensing a same sex marriage.
Yesterday the Arkansas Supreme Court issued an Opinion in Smith v. Wright, Ark. Sup. Ct. No. CV-14-414, denying the request of Attorney General Dustin McDaniel for a stay of the ruling of the Pulaski County Circuit Court that declared two provisions of Arkansas law againstsame sex marriage unconstitutional. In that Opinion the Supreme Court specifically noted that Ark. Code Ann. § 9-11-208 (which prohibits the issuance of a marriage license to a same sex couple) was not ruled unconstitutional by the Pulaski County Circuit Court.
In light of the above-noted language of the Supreme Court in its Opinion, it is my opinion that you are prohibited by Ark. Code Ann. § 9-11-208 from issuing a marriage license to a same sex couple.
I advise you to not accept any applications of a same sex couple for a marriage license pending further rulings by the Courts.
Again, this is a fast moving matter, and my opinion may change as new developments become known. Let me know if there are any questions.
Best Regards,
C.C. “Cliff” Gibson, III, Esq.
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This has already been to put to a vote. Arkansans up held the sanctity of marriage between a man and a women. But this is how the powers that be get around it, by taking it to a court where the judge is known to be in favor of same-sex marriage. Otherwise he would up hold the desire of the majority who voted.