Pulaski County Judge’s Marriage Ruling Comes as No Surprise

Yesterday Circuit Judge Wendell Griffen issued a ruling validating same-sex marriages performed in Arkansas from May 9, 2014, to May 15, 2014.

In layman’s terms, the case has to do with a technicality from Judge Chris Piazza’s same-sex marriage ruling issued on May 9, 2014; in his ruling, Judge Piazza struck Arkansas’ constitutional amendment defining marriage as the union of one man and one woman, but he failed to strike all state laws prohibiting same-sex marriage.

Judge Piazza filed a “correction” to his ruling on May 15 striking those state laws as well. However, by then many same-sex couples had already obtained marriage licenses from the state; the State of Arkansas contends that same-sex marriages performed from May 9 to May 15 are invalid, because they were solemnized before Judge Piazza filed his “correction.”

Yesterday, Judge Wendell Griffen ruled the same-sex marriages performed from May 9 – 15, 2014, were in fact valid despite Judge Piazza’s failure to strike all applicable state laws related to same-sex marriage. While we–and Attorney General Leslie Rutledge–disagree with Judge Griffen’s ruling, it really comes as no surprise.

On May 12, 2014, Judge Wendell Griffen presided over at least one same-sex marriage in the rotunda of the Pulaski County Courthouse in Little Rock; pictures of Judge Griffen appeared in the news to prove it. At the time, Judge Griffen clearly believed same-sex marriage was legal in Arkansas, despite the fact some state laws prohibiting same-sex marriage had been left in place by Judge Piazza. In light of that, it’s really no surprise Judge Griffen ruled the way he did.

In fact, in his opinion handed down yesterday Judge Griffen actually went so far as to describe Judge Piazza’s 2014 ruling as “courageous and plainly stated.” If Judge Piazza’s 2014 ruling really was “plainly stated,” I wonder why Judge Piazza had to correct his ruling after the fact; why the Arkansas Supreme Court has taken so many months to review the ruling on appeal; and why addition litigation has been necessary to clarify whether or not the same-sex marriages performed in the immediate aftermath of Judge Piazza’s ruling were actually legal.

The larger questions surrounding same-sex marriage still rest with the Arkansas Supreme Court–which is reviewing an appeal of Judge Piazza’s 2014 ruling–and the U.S. Supreme Court, which is expected to hand down a decision on the constitutionality of state marriage laws sometime this month.

Family Council Calls on Justices to Stand by Arkansans

FOR IMMEDIATE RELEASE
Tuesday, April 28, 2015

On Tuesday, the U.S. Supreme Court heard arguments in Obergefell v. Hodges. This is considered by many to be a landmark case that will determine the future of marriage in America.

Family Council President Jerry Cox released a statement, saying, “Contrary to what some may believe, this is not simply a fight over same-sex marriage. This is about how marriage will be defined in America and who gets to write that definition.”

Cox said the U.S. Supreme Court should uphold state marriage laws in order to be consistent with its decision in United States v. Windsor. “In that ruling, the court said that marriage would be defined by each individual state. Upholding state marriage amendments as constitutional is the only way the court can be consistent with its 2013 Windsor decision.”

Cox said state marriage laws do more than simply ban same-sex marriage. “When the law says marriage is the union of one man to one woman, that is not simply a same-sex marriage ban. That defines the institution of marriage, and it prevents any other union from being classified as ‘marriage,’ including everything from same-sex marriage to polygamy.”

Cox said the U.S. Supreme Court should respect the will of the people concerning marriage. “If the court chooses to strike state marriage laws now, it will be doing so at the expense of democracy. Voters in Arkansas and thirty other states chose to define marriage as the union of one man and one woman. Voters in only three states have voted to define marriage differently. Every poll in more than a decade has indicated Arkansans still support the definition of marriage they adopted in 2004. This is something voters have handled very capably up to this point. Unilaterally striking these state marriage laws would signal that voters are incapable or irrelevant in the eyes of the U.S. Supreme Court.”

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New Study Confirms Kids Do Best With a Married Mom and Dad

What appears to be the largest study to date  examining the outcomes of children in same-sex households has demonstrated, once again, that children do best with a married mom and dad.

After examining more than 500 children with same-sex parents chosen from an overall sample of more than 200,000 children, the study–which appeared in last month’s British Journal of Education, Society, and Behavioral Researchconcluded that emotional problems were more than twice as prevalent among children with same-sex parents as opposed to children with opposite-sex parents.

“At minimum,” Dr. Paul Sullins, the study’s author, writes, “it is no longer accurate to claim that no study has found children in same-sex families to be disadvantaged relative to those in opposite-sex families.”

Among other things, the study found children ages 4 – 17 years with same-sex parents were more likely:

  • To see a mental health professional;
  • To report higher rates of ADHD;
  • To suffer from learning disabilities;
  • To suffer from serious emotional problems.

What is particularly striking about this study is that it also found children with same-sex parents reported being bullied at a rate comparable to that of children with opposite-sex parents. In other words, having same-sex parents does not appear to increase a child’s likelihood of being bullied at school or elsewhere.

Concerning bullying and stigmatization, the author writes,

“In sum, while the experience of peer rejection, abuse or stigmatization is strongly associated with child emotional problems, it appears that the rate of abuse and susceptibility to emotional distress due to stigmatization does not differentiate sharply between children in same-sex and opposite-sex families.”

The study’s author concludes,

“Whether or not same-sex families attain the legal right, as opposite-sex couples now have, to solemnize their relationship in civil marriage, the two family forms will continue to have fundamentally different, even contrasting, effects on the biological component of child wellbeing, to the relative detriment of children in same-sex families. Functionally, opposite-sex marriage is a social practice that, as much as possible, ensures to children the joint care of both biological parents, with the attendant benefits that brings; same-sex marriage ensures the opposite.”

To put those words another way: There simply is no replacement for a married mother and father.

You can download the study here.

You can find further commentary on this study and others here.