Tuesday, September 3, 2013

Marriage equality lawsuit gets a different judge

Posted By on Tue, Sep 3, 2013 at 2:01 PM

click to enlarge JUDGE PIAZZA: Draws marriage case.
  • JUDGE PIAZZA: Draws marriage case.
Circuit Judge Jay Moody
today granted a plaintiffs' motion and stepped down from hearing the lawsuit challenging the state ban on same-sex marriage. The case was reassigned by the circuit clerk to Judge Chris Piazza.

Action in the case is expected soon on motions to enjoin the state from enforcing the law in the case of gay and lesbian couples legally married in other states who are seeking privileges otherwise granted to couples married in Arkansas. This is the so-called full-faith-and-credit aspect of the law that guides how Arkansas courts customarily have viewed couples who were legally married elsewhere but might not have been able to marry under Arkansas law. First cousins, for example.

Piazza handled a hallmark case of importance to gay people in Arkansas. He struck down the initiated act that attempted to prohibit unmarried couples from adopting or fostering children. The initiative was aimed at preventing gay couples from being parents. He wrote then:

"Due Process and Equal Protection are not hollow words without substance. They are rights enumerated in our constitution that must not be construed in such a way as to deny or disparage other rights retained by the people."

Equal protection is at the heart of the new federal precedent in the Windsor case in which the U.S. Supreme Court struck down part of the federal Defense of Marriage Act because it prevented equal treatment under tax law for a legally married lesbian couple in New York. The ruling has since been used in other states.

The court record says an oral recusal motion was made by plaintiffs, but doesn't reflect the reason it was requested. I have a call in.

Moody was nominated recently by President Obama to fill a federal district court judgeship in Little Rock. That nomination is pending before the Senate.

UPDATE: Cheryl Maples, the lawyer who made the recusal motion, said she had no comment on why she made the motion. A judge is not required to spread on the record reasons for recusal.


Tags: , , , , , , ,

Favorite

Speaking of...

Comments

Showing 1-1 of 1

Add a comment

 
Subscribe to this thread:
Showing 1-1 of 1

Add a comment

More by Max Brantley

  • Arkansas Supreme Court denies rehearing in death penalty challenge, but delays mandate

    The Arkansas Supreme Court today refused to rehear the case denying Death Row inmates information about drugs used by the state in the lethal injection process.
    • Jul 21, 2016
  • Welspun layoffs: Another example of corporate welfare folly

    Layoffs at the Welspun pipe plant in Little Rock are a reminder of the folly of corporate welfare and the inability of Arkansas to separate itself from global economic forces. See the Fayetteville shale. And keep a watchful eye on that Sun Paper pulp mill proposed near Arkadelphia.
    • Jul 21, 2016
  • Hamburg bank manager gets 21 months for theft

    Melinda Gwin, 49, of Hamburg has been sentenced to 21 months in federal prison and ordered to repay $210,875 stolen from the First National Bank of Crossett. She was sentenced in El Dorado federal court, according to a Justice Department news release.
    • Jul 21, 2016
  • More »

Readers also liked…

  • ASU gets Little Rock office space, with help from friends

    Capitol dwellers have been commenting on the expansive new Arkansas State University presence in office space across the street in the former National Old Line building. It's part of "increasing visibility" for the expanding ASU System.
    • Dec 5, 2014
  • FOI lawsuit filed for State Police firing records on ABC enforcement boss Boyce Hamlet

    Russell Racop has filed, as promised, his lawsuit over the State Police's refusal — under guidance from Attorney General Leslie Rutledge — to release records that provide information that led to the firing of current Alcoholic Beverage Control Enforcement Director Boyce Hamlet as a state trooper.
    • Sep 9, 2015
  • Top 10 Little Rock albums of 2014

    Here are the Little Rock albums we listened to more than any others this year, the ones that meant the most to us and that we’d push on any out-of-towners who asked what was new in the Little Rock music scene.
    • Dec 18, 2014

People who saved…

Most Shared

  • Tackling autism, child by child

    An Arkansas Children's Hospital doctor is testing a new drug that targets one of a host of ailments the highly individual disorder can cause.
  • 1957 all over again

    Last week, the State Board of Education voted to ignore federal courts and allow school district transfers that will encourage segregation.
  • Death penalty lives

    Barely clinging to its flagging life, the death penalty got a merciful reprieve last month from the unlikeliest quarter, the Arkansas Supreme Court.
  • Drinking culture

    Here we go again. At the rate these campus sexual abuse sagas are making news, it's reasonable to ask what college administrators can possibly be thinking about.

Most Recent Comments

Blogroll

 

© 2016 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation