Late Friday, Judge Chris Piazza (right), a state court judge in Arkansas, declared his state's ban on same-sex marriage unconstitutional and ordered the county clerk's office to issue marriage licenses to gay couples. It was the first post-Windsor marriage equality decision based on federal and state grounds. And because he did not stay his order, gay couples could almost immediately get married (and have!). The Arkansas attorney general has filed a motion for a stay and only a select few counties are following the judge's order.
You may be asking yourself a few questions: How did this all come about? Why a state court case, especially since most of our post-Windsor success (save New Jersey and New Mexico) has come through the federal courts? Why are certain county clerks defying the judge and not issuing marriage licenses? What happens now?
Marriage equality lawsuits are proliferating throughout the country: most of them are run by or have the participation of the major gay rights litigation concerns (Lambda Legal, the ACLU, and the American Foundation for Equal Rights, for example). Some, like the one in Arkansas, were filed by private attorneys on behalf of a phalanx of local couples who just want to get married near their families or have their out-of-state marriages recognized by their home state.
These plaintiffs are just like all the other marriage equality plaintiffs. They just want the freedom to love. And like so many other marriage equality decisions, this one proves that we are in a different world after the Supreme Court's decision in Windsor.
CONTINUED, AFTER THE JUMP...