Arkansas Gay Marriage Ruling Cites SCOTUS ‘Loving v. Virginia’ Ruling Striking Ban on Interracial Marriage


The final paragraph of Circuit Judge Chris Piazza's ruling striking down the Arkansas gay marriage ban cites the Supreme Court ruling striking down the ban on interracial marriage:

"It has been over forty years since Mildred Loving was given the right to marry the person of her choice. The hatred and fears have long since vanished and she and her husband lived full lives together; so it will be for the same-sex couples. It is time to let that beacon of freedom shine brighter on all our brothers and sisters. We will be stronger for it."


  1. boywonder says

    It should be noted that he is the same judge who overturned Arkansas unmarried couples adoption ban in 2010. The ban was enacted via the amendment process and was largely a referendum on gay adoption.

  2. simon says

    This is particularly courageous for a state judge in a red state since he probably is an elected official. The wingnuts are going to scream for his head.

  3. Zlick says

    Loved reading the ruling. The same demolition of all the state’s absurd rationales for banning gays from marrying; the same ruling by the judge that gays and lesbians are a class worthy of heightened judicial scrutiny, but that the state’s ban never rises to even a rational scrutiny basis. All the same stuff, but now with additional citations to the other states that are falling like dominoes since Windsor (in this ruling, he refers in particular to Virginia and Utah).

    Honestly, I can’t keep track of how many of these overturned bans there have been on the state level. I wonder how many judges, state and federal, civil and bankruptcy, have already ruled in our favor – more, I imagine, than can allow for even the most deluded rightwinger to claim Judicial Activism with a straight face.

    More to the point, can any appellate court find differently than this plethora of judges who’ve already found gay marriage bans in violation of the U.S. Constitution? I think not. So let’s get on with it, please. Someone kindly turn the wheels of justice a little faster.

  4. GregV says

    Mildred Loving herself, on the 40th anniversary of her court case, presented a very eloquent recounting of what happened to her and her husband, which concluded:

    ” I am still not a political person, but I am proud that Richard’s and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That’s what Loving, and loving, are all about.”

  5. JakeF says

    I love the fact that he uses Scalia’s dissent in Lawrence v. Texas to drive his (Judge Piazza’s) point re: “tradition” as BS:

    “And, as Justice Scalia has noted in dissent, ” ‘preserving the traditional institution of mamiage’ is just a kinder way of describing the State’s moral disapproval of same-sex couples.” Lawrence, 539 U.S. at 601 (Scalia, J., dissenting).” at p.10.

    Suck it Scalia!

  6. Dee says

    In fairness to Arkansans, the overwhelming majority of online reactions I’ve seen are positive. Eureka Springs is an especially beautiful and friendly place to get married y’all. Come on down!

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