It could be worse. You could live in Louisiana or Mississippi or Texas | Arkansas Blog

Friday, June 26, 2015

It could be worse. You could live in Louisiana or Mississippi or Texas

Posted By on Fri, Jun 26, 2015 at 12:52 PM

Though Republican acquiescence to the Supreme Court's marriage ruling has been grudging in Arkansas, at least they have bowed to the inevitable and county clerks in many places, if not all, are issuing marriage licenses.

The attorney generals in Texas, Louisiana and Mississippi have said that bans remain in force, both because of existing judicial orders or because, as a matter of technicality, a U.S. Supreme Court ruling isn't final until a mandate is issued and that follows a 25-day period that allows parties to ask for reconsideration.

Thus, those officials say marriage bans still exist in those states and, in Louisiana, one of the rare judicial decisions upholding a marriage ban was issued by a federal district court in New Orleans.

From Louisiana:

"There is not yet a legal requirement for officials to issue marriage licenses or perform marriages for same-sex couples in Louisiana," a statement from Attorney General Buddy Caldwell's (R) office read. "The Attorney General's Office will be watching for the Court to issue a mandate or order making today’s decision final and effective and will issue a statement when that occurs."


The Louisiana Clerks of Court Association also has advised clerks to wait 25 days before issuing licenses, as that's the amount of time parties to the Supreme Court's same-sex marriage case have to ask the justices to reconsider, according to the newspaper.

And from Mississippi:

Mississippi Attorney General Jim Hood (D) said on Friday that the Supreme Court's decision upholding same-sex marriage will not be implemented immediately in his state.

Hood said that the 5th Circuit Court of Appeals must first lift its stay on issuing same-sex licenses.

And in Texas:

The attorney general also advised clerks not to issue licenses, but some did so anyway, including the Dallas County clerk who said the attorney general didn't trump the U.S. Supreme Court.

The Fifth Circuit court, which also covers Louisiana, has been asked to lift its stay but there's no way of knowing how quickly that will happen, though it most assuredly will. In Arkansas, clerks are proceeding with license issuance despite judicial stays of rulings that opened the door to same-sex marriage. Neither the stay in federal district Judge Kristene Baker's court or at the Arkansas Supreme Court has been lifted, according to on-line records.

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