LITTLE ROCK, Ark. (AP) - Gay marriages resumed in Arkansas on Thursday after Pulaski County Circuit Judge Chris Piazza broadened a ruling to say that, in addition to declaring a same-sex marriage ban unconstitutional, any state law that prohibits the distribution of marriage licenses to same-sex couples was off the books. Here are some details about where things stand in Arkansas’ fight over gay marriage:
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IS THIS THE FINAL WORD?
No. Arkansas Attorney General Dustin McDaniel has notified the Pulaski County court that he intends to appeal the decision to the state Supreme Court. In the meantime, McDaniel has also asked justices to temporarily suspend Piazza’s ruling - known as a stay - to keep it from being enforced.
THERE ARE 75 COUNTIES. ARE ALL IMPACTED BY PIAZZA’S RULING?
Gay couples sued for the right to marry in just six counties - Conway, Lonoke, Pulaski, Saline, Washington and White. Typically, only those counties would be covered by Piazza’s ruling, said Kenneth Gallant, a professor at the University of Arkansas at Little Rock W.H. Bowen School of Law. Only Pulaski and Washington say they’ll resume giving licenses to gay couples. The other four say they want to know more from their lawyers or the state Supreme Court.
CAN ANYONE BE PROSECUTED FOR GIVING OUT LICENSES BEFORE PIAZZA’S FINAL ORDER?
It’s unlikely. Prosecutors in the five counties that distributed licenses said no one had filed a formal complaint that clerks issued same-sex licenses in violation of the now-tossed law.
“We’ve got far more to worry about in this state and country as far as crime goes than pursuing a clerk trying to do their job,” Pulaski County Prosecutor Larry Jegley said.
WHAT HAPPENS TO SAME-SEX COUPLES WHO GOT LICENSES OR GOT MARRIED IF THE COURT EVENTUALLY OVERTURNS PIAZZA’S ORDER?
Since Piazza’s ruling, 467 gay couples in Arkansas have received licenses, according to an Associated Press canvass of county clerks. McDaniel and Gov. Mike Beebe have said it will ultimately be up to the state Supreme Court to rule on the validity of the licenses.
“We continue to believe that it will be the responsibility of the Arkansas Supreme Court to allay confusion and provide clarity to those same-sex couples who have received marriage licenses,” Aaron Sadler, a spokesman for McDaniel’s office, said Thursday.
CAN A GAY COUPLE HAVE BOTH THEIR NAMES LISTED AS PARENTS ON AN ARKANSAS BIRTH CERTIFICATE?
Yes and no. If they were among the 22 who received a new birth certificate Monday through Wednesday, yes. As of Thursday, the Health Department said it would wait for a later decision from the state Supreme Court.
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