Arkansas!

I didn't see this one coming. A state judge in Arkansas struck down the state's same-sex marriage ban. Not only does the ban violate the federal Constitution (in ways we've seen before) it is inconsistent with the rest of the Arkansas Constitution. The judge wrote:

These rights vest in every person over whom the Constitution has authority and, because they are so important, an individual’s fundamental rights “may not be submitted to vote; they depend on the outcome of no elections.”

The judge is aware of activist judges and said that when it comes to fundamental rights the judiciary has failed unpopular minorities in the past.

The ruling came out late on a Friday. It did not include a stay. And most county clerk offices are closed on Saturday. The one exception in Eureka Springs, which happens to be the gay hotspot of the Ozarks (there is such a thing?). The county clerk was unsure of what to do and closed the office. The deputy clerk had no problems and reopened it. So there were about 15 same-sex weddings in Arkansas yesterday, the first time in the Old South. More photos here and here. Alas, yes, an appeal is coming.