Ark. AG again asks for stay of gay marriage ruling

Arkansas Attorney General Dustin McDaniel said the marriage ban ruling had led to "pervasive" confusion among county clerk. Photo by Dara Torres / CCA 2.0.

Little Rock, Ark. (AP) — Arkansas Attorney General Dustin McDaniel is again asking the state's highest court to suspend a ruling striking down a gay marriage ban, saying it's led to "pervasive" confusion among county clerks.

McDaniel's office on Wednesday told the Arkansas Supreme Court that the stay of Pulaski County Circuit Judge Chris Piazza's ruling against the gay marriage ban is needed because some clerks have been issuing marriage licenses to same-sex couples.

Clerks in Fayetteville and Little Rock granted marriage licenses to 117 gay couples on Tuesday, pushing the total to 400 since a judge tossed out the state's ban on same-sex marriages.

Three other counties – Marion, Saline and Carroll - had given licenses to gay couples either Saturday or Monday, but said Tuesday they would no longer do so. Clerks said they will wait until the state Supreme Court weighs in.

Lawyers for gay couples who sued for the right to marry filed paperwork Tuesday challenging the stay request and also claiming that the state's notice of appeal was filed prematurely. McDaniel was responding to the motion to dismiss his appeal of Piazza's Friday ruling. Lawyers challenging the ban said the appeal is premature because no final order has been filed.

McDaniel said he wouldn't object to dismissing the appeal on those grounds if a stay is issued.

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The Gayly – May 14, 2014 @ 12:30pm