Plaintiffs object to new arguments in same-sex marriage case | Arkansas Blog

Tuesday, January 27, 2015

Plaintiffs object to new arguments in same-sex marriage case

Posted By on Tue, Jan 27, 2015 at 11:46 AM

Attorneys for plaintiffs in the case that resulted in Judge Chris Piazza's order striking down the Arkansas ban on same-sex marriage have objected to Attorney General Leslie Rutledge's request for a second round of oral arguments in the case.

Rutledge asked the Arkansas Supreme Court last week for a second round of oral arguments because the composition of the Supreme Court has changed since arguments were held on an expedited basis Nov. 19. There's been no explanation from the court on why no decision has been forthcoming.

Attorneys Cheryl Maples and Jack Wagoner argue that the request for a delay is "unprecedented" and "would further delay" a case in which the Supreme Court previously found reason to expedite.

Rutledge had said that Chief Justice Jim Hannah wasn't present. But the response notes that this was announced at the time, as well as the fact that Hannah would watch the recording of the proceeding and participate in the decision. Rutledge also said Justices Robin Wynne and Rhonda Wood, who took office Jan. 1, should decide the case. Wood would replace Special Justice Robert McCorkindale, appointed for the recused Cliff Hoofman, and Wynne would replace retired Justice Donald Corbin.

The plaintiffs said McCorkindale was appointed by the governor for "this specific case" and Rutledge had cited no precedent for him to be replaced. To remove him would contradict the order of the governor. When no rule or statute applies to a circumstance, past practice should apply, the plaintiffs said. Here, there is no "existing practice" for a second round of arguments.

"...the case should be decided by the justices who participated in the case. Additional arguments should not be allowed."

The motion opens by noting that marriage equality prevailed in 13 states when the suit was filed and the number has now reached 36. "Unlike 70 percent of the citizens of the United States, plaintiff-appellees reside in a state that continues to deny them their constitutional rights, even though the Arkansas Constitution provides greater protection of those rights than does the United States. They cannot afford further delay."


Tags: , , , , , , ,


Sign up for the Daily Update email
Favorite

Comments (5)

Showing 1-5 of 5

Add a comment

 
Subscribe to this thread:
Showing 1-5 of 5

Add a comment

More by Max Brantley

Readers also liked…

  • Former Arkansas Attorney General Dustin McDaniel applauds Trump's EPA choice of climate change denier Scott Pruitt

    Dustin McDaniel gives the thumbs up to a man set to dismantle EPA regulations.
    • Dec 8, 2016
  • Little Rock housing study finds linkage between respiratory-related hospital stays and property code violations

    People hospitalized for a respiratory-related illness at UAMS were twice as likely to rent a property that at some point has been issued a mold-related violation notice from Little Rock's Code Enforcement Division when compared to a control population adjusted for demographic differences.
    • May 2, 2018
  • Trump immigration protest at LR: Quick and fierce

    It was not even 24 hours ago that Sophia Said, director of the Interfaith Center; City Director Kathy Webb and others decided to organize a protest today of Donald Trump's executive order that has left people from Muslim countries languishing in airports or unable to come to the US at all — people with visas, green cards,a  post-doc graduate student en route to Harvard, Google employees abroad, families. I got the message today before noon; others didn't find out until it was going on. But however folks found out, they turned out in huge numbers, more than thousand men, women and children, on the grounds of the state Capitol to listen to speakers from all faiths and many countries.
    • Jan 29, 2017

Most Viewed

Most Recent Comments

Slideshows

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation