Gay marriage bans in Arkansas, Mississippi fall in latest rulings

Gay marriage bans in Arkansas, Mississippi fall in latest rulings

The rulings won't be enforced right away as both judges expected appeals.

U.S. district judges have struck down same-sex marriage bans in Arkansas and Mississippi in the latest victory for gay rights proponents, declaring the laws unconstitutional.

The bans, which were approved by voters in the two conservative-leaning states a decade ago, violated the constitution’s requirement for equal protection under the law, Judges Kristine Baker and Carlton Reeves of Arkansas and Mississippi, respectively, ruled.

The rulings follow numerous others across the nation as gay marriage bans have begun falling in droves in recent years.

However, enforcement won’t happen right away: the judges put that on hold as they expect appeals to come right away, according to Reuters. Republican Mississippi Governor Phil Bryant will likely appeal the ruling, and Democrat Arkansas Attorney General Dustin McDaniel said that he welcomed the judge’s decision to stay the judgment in preparation for appeals.

Reeves, the Mississippi judge, said his ruling hinged on the question of whether homosexuals could love each other and be in a committed relationship while raising children, and then asked whether denying them the right to marry amounted to “state-sanctioned prejudice.”

By answering “yes” to any of the questions, it leads the court to an “inescapable” conclusion that gay people should have the same rights and benefits as straight couples, Reeves wrote in his decision.

Gay couples had challenged the bans on the argument that they were being denied rights afforded to straight couples.

The Supreme Court’s ruling in June that same-sex couples should have access to federal benefits set off the nationwide movement toward equal rights for gay people. The Supreme Court’s ruling struck down a pivotal part of the 1996 federal Defense of Marriage Act.

For gay marriage advocates, there is still more work to be done: the Cincinnati-based 6th U.S. Circuit Court of Appeals this month became the first to rule in favor of upholding state bans, which means it may be up to the Supreme Court to put the gay marriage constitutionality question to rest for good.

Currently, same-sex couples can legally marry in 35 states and receive state benefits. Some states offer what are known as “civil unions” which give them state-level rights similar to marriage. Only 15 states and two territories (Puerto Rico and the U.S. Virgin Islands) ban gay marriage outright.

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