Need for Stay in Same Sex Marriage Case "Extraordinary," State Tells AR Supreme Court

Published 05/14 2014 10:28AM

Updated 05/14 2014 11:05AM

LITTLE ROCK, AR - The Arkansas Attorney General has filed the state's reply to a motion to dismiss its appeal in the same sex marriage case.

In a morning filing Wednesday, Dustin McDaniel's motion (see attached) stated that "the need for a stay is extraordinary because although the Circuit Court's order does not grant injunctive relief."

The filing cites three other reasons for requesting the stay, including:
  • Several circuit clerks are actively issuing marriage licenses to same sex couples
  • Other clerks have concluded that Amendment 83 continues to prohibit the issuance of same sex marriage licenses 
  • Confusion is pervasive
The state's motion says "there are a bevy of unanswered questions that have arisen from the Circuit Court’s order. This confusion and uncertainty supports a stay by this Court."

The Arkansas Supreme Court's decision on whether or not to issue the stay is expected at any time.

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