Appeal planned by anti-gay Fayetteville group | Arkansas Blog

Friday, September 4, 2015

Appeal planned by anti-gay Fayetteville group

Posted By on Fri, Sep 4, 2015 at 10:28 AM

The group opposing a proposed Fayetteville ordinance to discourage discrimination against LGBT people says it will appeal a circuit judge's order dismissing their request for an order to stop the election Tuesday.

They will file a notice with the Arkansas Supreme Court. Under past precedent and normal procedure, I wouldn't like their chances for action now. There's ample time to invalidate the election before the ordinance takes effect — 60 days after the election if passed. 

But with this Supreme Court and its strong contingent of political cowards when it comes to the hot button-issue of rights for sexual minorities, anything is possible.

The lawsuit will go forward in any case, says the anti-gay group. It contends the Fayetteville ordinance runs afoul of a state law meant to prohibit local laws to limit discrimination against gay people. From their point of view, the best outcome would be:

VOTE FOR FAYETTEVILLE.

Then the anti-gay crowd can seek a declaratory judgment. Will state courts agree that it is constitutional for the state to attempt to protect legal discrimination against gay people? It would run counter to strong precedents concerning criminalization of homosexuality, adoption by gay people and same-sex marriage. But, again, with a changing court and the tenor of the times, who knows?

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