Challenge to Arkansas gay marriage ban heard

Little Rock, Ark. (AP) — Advocates of ending Arkansas' ban on same-sex marriage took their case before a Pulaski County Circuit Court judge Thursday, who said at the end of the hearing he expects to issue a ruling in about two weeks.

Arguing for the plaintiffs, attorney Jack Wagoner, said that the voter-approved constitutional amendment banning same sex-marriage is itself unconstitutional.

The state and federal Constitutions guarantee "rights that can't be taken away," Wagoner argued.

Wagoner said rights to due process and equal protection cannot be superseded even by a constitutional amendment.

"When the government is in the marriage business, same-sex couples have to be treated the same," Wagoner said. "The fact that they've been historically discriminated against is less reason to have laws targeting them."

Colin Jorgensen, an assistant attorney general arguing for the state, said that Amendment 83, the anti-gay marriage measure, does not conflict with the state Constitution.

Jorgenson said that at no point in the state's history has an amendment been knocked down on the grounds that it violated the Arkansas Constitution.

"The people of Arkansas can put whatever they want in the Constitution. The only check on that is the U.S. Constitution," Jorgenson said.

The courtroom was packed with same-sex couples, many of whom were among the plaintiffs challenging the constitutionality of the measure.

Judge Chris Piazza said at the conclusion of the hearing that he will issue a ruling in about two weeks.

Late last year, Piazza refused to grant a motion by the state that sought to dismiss the lawsuit, but he also refused to grant a motion by the couples suing to block enforcement of the ban.

The plaintiffs include 21 same-sex couples and a woman who wants to dissolve her New York marriage to another woman.

The 2004 constitutional amendment approved by voters stipulates that marriage is between one man and one woman.

by Chuck Bartels, Associated Press

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The Gayly – April 17, 2014 @ 5:30pm