State urges judge to keep marriage ban in place until appeal decided | Arkansas Blog

Monday, March 2, 2015

State urges judge to keep marriage ban in place until appeal decided

Posted By on Mon, Mar 2, 2015 at 4:56 PM

The state responded late Monday to federal Judge Kristene Baker's request for arguments on whether she should keep in place her stay of the order invalidating the state ban on same-sex marriage.

Plaintiffs in the suit asked that the stay be lifted in light of recent decisions by the U.S. Supreme Court not to keep stays in place where lower courts had ruled such bans unconstitutional. The Supreme Court is expected to rule by June on a conflict between circuit courts on the issue.

Baker struck down the ban in November, but stayed he ruling because, at that time, the Supreme Court had kept a ban in place. It has since lifted that stay.

The state argued that the matter was out of Judge Baker's hands since an appeal of her ruling had been filed with the 8th U.S. Circuit Court of Appeals and briefing was underway. It said the end of a stay in a case in another state was irrelevant to this case. The state also faulted plaintiffs for waiting nearly three months after the stay was issued to ask that it be lifted. Finally, though stays have been lifted in other states, the state noted that requests to lift a stay in a Missouri case have been denied by both a district court in Missouri and the same appellate court that will hear the Arkansas appeal. It added:

In fact, just today, a district court sitting in this Circuit denied a plaintiffs’ motion to lift a stay which had been imposed in a nearly-identical case involving constitutional challenges to a state’s statutory ban on same-sex marriages.


Tags: , , ,

From the ArkTimes store

Favorite

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

  • Tuesday's open line

    The open line and video report.
    • Aug 22, 2017
  • Unemployment insurance pays off

    Arkansas Advocates for Children and Families has published a new report on the benefits of unemployment insurance — how every dollar paid on benefits puts two dollars into the economy.
    • Aug 22, 2017
  • Lawsuit filed against 'election integrity' commission

    A voting rights group has filed a lawsuit against the so-called election integrity commission that's likely nothing a Trump vehicle for voter roll purges. Talking Points Memo reports.
    • Aug 22, 2017
  • More »

Readers also liked…

  • Judge Griffen: Why black lives matter

    Another few words from Judge Wendell Griffen growing from the controversy over the sale of Black Lives Matter T-shirts at the state black history museum — removed by the administration and restored after protests from Griffen and others stirred by a story in the Arkansas Times:
    • Mar 13, 2016
  • Sarah Huckabee Sanders becomes White House press secretary

    Sarah Huckabee Sanders, daughter of former Arkansas Gov. Mike Huckabee, is the new White House press secretary.
    • Jul 21, 2017
  • More on how highways were used to wipe out "blight" of non-white neighborhoods

    Vox, a news website that concerns itself with energy and other issues, has a fine piece, including before and after images, on the history of the U.S. interstate system and why roads were built through the middle of cities (unless people of influence stopped them — see Manhattan, San Francisco and Washington, D.C.)
    • Mar 22, 2016

Most Shared

Most Viewed

  • Troubles mount for Sen. Jake Files. Maybe others, too

    Sen. Jakes Files has serious problems, based on an FBI affidavit filed Monday in Fort Smith. One new question is how many other legislators have problems based on spending of state surplus money?
  • There is life other than football, UAMS indicates

    UAMS has announced that it will be open for business as usual on Aug. 31, even though a football game will be taking place that night at War Memorial Stadium.
  • Another bank acquisition for Arvest

    Arvest Bank, the Walton banking enterprise, is acquiring Bear State Financial, led by Richard Massey, for $391 million, all cash. Bear State, based in Arkansas, has 42 branches and other operations in Arkansas, Missouri and Oklahoma.
  • LR discussion set on cuts in state aid for disabled

    The Center for Arkansas Legal Services and  Legal Aid of Arkansas will have a public meet from 1 to 3 p.m. Friday at the downtown library at 100 S. Rock on cuts in the state-run Medicaid program for home-care for people with disabilities.
  • Legislators set 'town hall' on Little Rock School District

    A group of Little Rock legislators (not all of them, only Democrats so far) has organized a town hall meeting on the Little Rock School District from 5:30 to 7 p.m. Thursday in the Old Supreme Court chamber at the state Capitol. We propose a few questions.

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation