Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution.
Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.
On November 25, 2014, a federal district court struck down Arkansas's ban on same-sex marriage.
As a result of the Obergefell ruling, same-sex couples began obtaining marriage licenses in Arkansas on June 26, 2015.
Judge Piazza clarified his order to enjoin enforcement of state statutes as well,[15][16] freeing county clerks from statutory restrictions on issuing licenses to same-sex couples.
Judge Baker found that the state's ban on same-sex marriage violated the plaintiffs' fundamental right to marry, requiring justification under the strict scrutiny standard.
She also ruled that a ban on same-sex marriage is a form of sex discrimination, which is therefore reviewed under the standard known as heightened scrutiny.
She rejected the plaintiffs' contention that the ban violated their right to travel and that it constituted discrimination on the basis of sexual orientation.
[28] State Judge Wendell Griffen ruled on June 9, 2015 in Frazier-Henson v. Walther that the 541 same-sex marriages conducted between May 9 and May 16 were valid.
On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex marriage bans violate the Due Process and Equal Protection clauses of the Fourteenth Amendment.
The decision legalized same-sex marriage nationwide in the United States, including in Arkansas.
Immediately following the ruling, same-sex couples began obtaining marriage licenses in Arkansas.
While my personal convictions will not change, as Governor I recognize the responsibility of the state to follow the direction of the U.S. Supreme Court.
Rutledge instructed state agencies and county clerks to comply with the Supreme Court ruling.
[33] On February 2, 2017, a resolution calling on the U.S. Congress to pass a federal constitutional amendment banning same-sex marriage was introduced to the Arkansas General Assembly.
[35][36] On March 6, 2017, Representative Stephen Meeks introduced a bill to the General Assembly to reenact the state's same-sex marriage ban.