Faulkner County: No Same-Sex Marriage Licenses Monday

Published 05/11 2014 04:24PM

Updated 05/11 2014 04:34PM

CONWAY, AR -- Same-sex marriage licenses will not be available on Monday in Faulkner County.

A press release from Attorney David Hogue on behalf of the county lists three reasons.

Here is the release:

The office of Faulkner County Clerk Melinda Reynolds will not be issuing marriage licenses for same-sex couples tomorrow. 

This decision comes as the conclusion to three premises:

1. Circuit Judge Christopher Piazza did not grant the Plaintiffs’ request for an injunction barring the Defendants from enforcement of Act 146 of 1997, Amendment 83 to the Arkansas Constitution, Arkansas Code § 9-11-208 or Arkansas Code § 9-11-107(b), as they requested.

2. Even if he had, Defendant Melinda Reynolds was dismissed from the action before final arguments were made, denying her an opportunity to defend her position.  As she was not a final party to the case, the judgment can not be enforced against her.

3. Further, with all due respect to the Third Division Circuit Court of Pulaski County, a circuit court does not establish or strike down statewide law.  That would be the role of the State Supreme Court.  This case has simply not yet reached that level.

Given the above, Ms.Reynolds will continue to uphold state law, as she is sworn to do.  If and when that law changes, so will her practice in Faulkner County.

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