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Kim and Felicity Robinson, plaintiffs in Arkansas marriage equality case.
On hold again, for now.
Two steps forward, one step back:
With a one-sentence statement giving absolutely no reason or explanation, the Arkansas Supreme Court has haled the issuance of marriage licenses to same-sex couples. That ruling will likely last for months as the Court takes the summer off.

Despite more than 500 licenses having been issued to same-sex couples, the Court found fit to halt the process after a full week.

What emergency existed that convinced the court to issue an emergency stay on the lower court's ruling is left unsaid, but that stay is not unexpected. The state Supreme Court will hear the case ... later.
Even with an expedited schedule, it's uncertain if the case can be decided this calendar year, when two of the current justices — Cliff Hoofman and Donald Corbin — will be replaced by Rhonda Wood and the winner of a race between Judge Robin Wynne and Tim Cullen. [Typically] there's about 2.5 months for briefing after a record and transcript is completed. Part of this record has already been completed and it's not an extensive record.  It conceivably could be completed by fall.

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Comment Preferences

  •  Just once I'd like to see... (8+ / 0-)

    A court, in the substantive portion of its decision, include the entirety of the Equal Protection Clause and conclude that: sorry, but state-sponsored bigotry just ain't legal.

    Or, in the alternative, I'd settle for the reincarnation of Thurgood Marshall pounding on a table while forcefully delivering closing arguments to a packed court with the EPC as his final stanza.

    "When facts are reported, they deny the value of evidence; when the evidence is produced, they declare it inconclusive." -- Augustine, in The City of God.

    by Zek J Evets on Fri May 16, 2014 at 03:34:09 PM PDT

    •  This is merely another monkey wrench (5+ / 0-)

      thrown into the machinery of justice.  Repairs will be made--gears replaced--and eventually Arkansas will be forced to come into the 21st Century along with everybody else.

      There never was a fight for equality that didn't include innumerable, frustrating and ultimately pointless delays.  But justice eventually triumphs.

      “When it comes to this, I shall prefer emigrating to some country where they make no pretense of loving liberty—to Russia, for instance, where despotism can be taken pure and without the base alloy of hypocrisy.” —Abraham Lincoln

      by Pragmatus on Fri May 16, 2014 at 03:38:25 PM PDT

      [ Parent ]

  •  Time for a SCOTUS ruling (1+ / 0-)
    Recommended by:
    bythesea

    The issue of whether or not a woman has the constitutional right to choose an abortion went on forever until finally, the SCOTUS got involved.  

    Why has that not happened on this marriage issue?  Is it just in the language?  The word "marriage"?  Really?  

    It just seems that the LGBT community would muster up the very best attorneys and come up with the bucks to take this to the high court and get it done.  

    It's either a right or it is not a right for any two people to be married regardless of sexual preference.  When it's a right, then it can not be blocked other than coming up with an issue of who pays for the marriages....right?

    •  The Ark Supremes issued a stay, (1+ / 0-)
      Recommended by:
      bythesea

      not a ruling, so no other court can get involved until Ark/Sup issues its ruling, which they will drag out for as long as they can.

      “When it comes to this, I shall prefer emigrating to some country where they make no pretense of loving liberty—to Russia, for instance, where despotism can be taken pure and without the base alloy of hypocrisy.” —Abraham Lincoln

      by Pragmatus on Fri May 16, 2014 at 03:40:15 PM PDT

      [ Parent ]

  •  This is the "well, um, just.... fuck you" (2+ / 0-)

    part of the battle.

    When the reactionary assholes don't even have a bullshit Federalist Society position paper of a figleaf to hide their great contempt for social progress behind.

    They just do shitty things because they can, while they still can, knowing that they are going to lose, they console themselves with being petty and assholish until they cannot be petty an assholish on this issue no longer.

    The good news is, this is what losers and dead-enders at the end of the line do. This is loserball 101, straight from the playgrounds. The kid who will take a pocket knife and rip open the kickball rather than let everybody play with it, or will pee on the swingset so somebody else has to clean it up before anybody else can swing. It stops nothing, only slows things down for a bit, and then the inevitable. Petty temporary 'fuck yous' while they are clearly overtaken by history. I wish I could say that I was surprised.

    Movement Conservative judges, up to and including Sam Alito and Antonin Scalia, can sound like internet trolls rather than respected jurists in the service of their ideological zealotry. Which is probably why phone it in and don't explain the "fuck you" got its turn at bat.

     

    "Real journalism is printing what someone else does not want printed. Everything else is public relations." -George Orwell

    by LeftHandedMan on Fri May 16, 2014 at 04:00:40 PM PDT

  •  spelling "halted" not haled (1+ / 0-)
    Recommended by:
    Krotor
  •  It's OVER in Arkansas for the same sex opposition, (3+ / 0-)

    because if 500 licenses have been issued, they constitute legal marriages.  Same situation in California, where same-sex was legal, then illegal.  Federal court was pretty clear on that . . . you can't play that on-again-off-again game with peoples' lives. This should take it out of the hands of the inbred Arkansas Supreme Court and hand it over to the Feds.

    Fiat justitia ruat caelum "Let justice be done though the heavens fall."

    by bobdevo on Fri May 16, 2014 at 04:05:14 PM PDT

  •  A minor setback (0+ / 0-)

    SCOTUS can't get involved until a case or two clears an appeals court and the state involved is still fool enough to think it can defend the denial of marriage equality. IANAL, but it occurs to me that the folks who will present the marriage equality case (this time, it has to declare ALL of DOMA unconstitutional) -- and that DOESN'T mean Boies and Olson -- should start to think about which case it will be.

    My suspicion is that this time it won't be about the plaintiffs, it will be about which Appeals Court decision offers marriage equality the most full-throated support.

    Seneca Falls, Selma, Stonewall

    by Dave in Northridge on Fri May 16, 2014 at 04:09:04 PM PDT

  •  "No explanation"? (0+ / 0-)

    Oh, there is a simple explanation.  The Mason Dixon line...below it.

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