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Federal Judge Overturns Arkansas' Marriage Ban

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TheDemSocialist

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A federal judge struck down Arkansas' voter-approved gay marriage ban Tuesday but stopped any rush to the altar by putting her order on hold so the state can consider an appeal.U.S. District Judge Kristine Baker ruled in favor of two same-sex couples who had challenged a 2004 constitutional amendment and earlier state law defining marriage as between a man and a woman. The couples argued the ban violated the U.S. Constitution and discriminated based on sexual orientation.
"The fact that Amendment 83 was adopted by referendum does not immunize it from federal constitutional scrutiny," Baker wrote in her ruling.
The state's marriage laws and the amendment violate the U.S. Constitution by "precluding same-sex couples from exercising their fundamental right to marry in Arkansas, by not recognizing valid same-sex marriages from other states, and by discriminating on the basis of gender," she wrote.
Baker put the ruling on hold, anticipating an appeal to the 8th U.S. Circuit Court of Appeals, based in St. Louis.
A spokesman for Democratic Attorney General Dustin McDaniel said McDaniel was reviewing the ruling and would decide after the Thanksgiving holiday whether to appeal in consultation with Republican Attorney General-elect Leslie Rutledge.
"We appreciate Judge Baker's implementation of a stay in this matter in order to avoid confusion and uncertainty as this case goes through the appeals process," spokesman Aaron Sadler said in an email.
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All I gotta say: :applaud:rock:usflag2::2party::2dancing:
 
How many states is that now?
 
It would be better if this was being done by legislation or referendum. I think the courts doing it, particularly the federal courts doing it, just feeds the polarization in this country that makes it harder on gays and others across a wide array of issues.
 
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