Case: Wright v. Arkansas

60CV-13-2662 | Arkansas state trial court

Filed Date: July 1, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 1, 2013, a group of same-sex couples wishing to marry or to have their existing out-of-state marriages recognized, filed a lawsuit in the Arkansas Circuit Court of Pulaski County against the State of Arkansas. The plaintiffs, represented by private counsel, asked the Court for declaratory and injunctive relief, claiming that Arkansas Constitutional Amendment 83 and various provisions of the Arkansas Code which exclude same-sex couples from marrying and forbid recognition of lawful same-…

On July 1, 2013, a group of same-sex couples wishing to marry or to have their existing out-of-state marriages recognized, filed a lawsuit in the Arkansas Circuit Court of Pulaski County against the State of Arkansas. The plaintiffs, represented by private counsel, asked the Court for declaratory and injunctive relief, claiming that Arkansas Constitutional Amendment 83 and various provisions of the Arkansas Code which exclude same-sex couples from marrying and forbid recognition of lawful same-sex marriages entered into in other states, violate the right to equal protection and due process of law under the Fourteenth Amendment to the U.S. Constitution and the Declaration of Rights provision of the Arkansas Constitution.

The plaintiffs come from various walks of life and occupations. However, all have been in committed relationships for many years and several are raising children together. Plaintiffs argued that denial of marriage conveys the State's view that plaintiffs' private relationships and families are of lesser value that those of opposite-sex couples. The plaintiffs also claimed that the denial of marriage deprives them of the broad array of protections and benefits that opposite-sex couples receive when they are recognized as married under state law. For example, Arkansas's refusal to recognize plaintiffs' marriages unlawfully denied them the right to make medical decisions for an incapacitated spouse, file joint tax returns, and gain access to health insurance, retirement benefits, property protections, and inheritance.

On May 9, 2014, Judge Christopher Piazza granted the plaintiffs' motion for summary judgment and found the laws at issue to be unconstitutional. The Court found the provisions to be in violation of the equal protection guarantees included in both the U.S. and Arkansas constitutions. Immediately following the Court's order, the State appealed and requested a stay from the trial court pending appeal, which was denied. On May 16, 2014, the Arkansas Supreme Court ordered a stay of the lower court's decision. The case is ongoing and oral argument in the Supreme Court is scheduled for November 20, 2014.

Summary Authors

Nate West (11/20/2014)

People


Judge(s)
Attorney for Plaintiff

Jorgensen, Colin R. (Arkansas)

Mann, Angela Griffith (Arkansas)

Maples, Cheryl (Arkansas)

Attorney for Defendant

Fuqua, David M. (Arkansas)

Hogue, David R. (Arkansas)

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Documents in the Clearinghouse

Document

13-cv-02662

Docket

Oct. 7, 2015

Oct. 7, 2015

Docket

13-cv-02662

Complaint

July 2, 2013

July 2, 2013

Complaint

13-cv-02662

Third Amended Complaint for Declaratory and Injunctive Relief

Sept. 30, 2013

Sept. 30, 2013

Complaint

13-cv-02662

Order Granting Summary Judgment in Favor of the Plaintiffs

May 9, 2014

May 9, 2014

Order/Opinion

13-cv-02662

Order Denying Defendants' Motion for Immediate Stay

May 15, 2014

May 15, 2014

Order/Opinion

14-00427

Formal Order

Arkansas state supreme court

May 16, 2014

May 16, 2014

Order/Opinion

Resources

Docket

Last updated Jan. 24, 2024, 3:46 p.m.

ECF Number Description Date Link Date / Link

Description: MOF ORIGINALEntry: none.

July 1, 2013

July 1, 2013

01072...

Description: COMPLAINT/PETITION FILED $Entry: none.

July 1, 2013

July 1, 2013

01072...

Description: AOC COVERSHEET CIVILEntry: none.

July 1, 2013

July 1, 2013

Description: SUMMONS ISSUEDEntry: none.

July 2, 2013

July 2, 2013

Description: PAYMENT RECEIVEDEntry: A Payment of $165.00 was made on receipt 60CI131648.

July 2, 2013

July 2, 2013

21072...

Description: AMENDED COMPLAINTEntry: CHERYL MAPLES

July 21, 2013

July 21, 2013

26072...

Description: ENTRY OF APPEARANCEEntry: Appearance of David M. Fuqua on behalf of Doug Curtis

July 26, 2013

July 26, 2013

05082...

Description: SECOND AMENDED COMPLAINTEntry: CHERYL MAPLES

Aug. 5, 2013

Aug. 5, 2013

12082...

Description: RETURN OF SERVICEEntry: SERVED DOUG CURTIS ON JULY 25, 2013

Aug. 12, 2013

Aug. 12, 2013

12082...

Description: RETURN OF SERVICEEntry: SERVED WILLIAM LARRY CLARKE ON JULY 30, 2013

Aug. 12, 2013

Aug. 12, 2013

12082...

Description: RETURN OF SERVICEEntry: SERVED DEBBIE HARTMAN ON JULY 30,2013

Aug. 12, 2013

Aug. 12, 2013

12082...

Description: RETURN OF SERVICEEntry: SERVED THE STATE OF ARKANSAS ON JULY 25, 2013

Aug. 12, 2013

Aug. 12, 2013

12082...

Description: RETURN OF SERVICEEntry: SERVED GOVEROR MICHAEL D BEEBE ON

Aug. 12, 2013

Aug. 12, 2013

12082...

Description: RETURN OF SERVICEEntry: SERVED ATTORNEY GENERAL DUSTIN MCDANIEL ON JULY 25,2013

Aug. 12, 2013

Aug. 12, 2013

12082...

Description: RETURN OF SERVICEEntry: SERVED NATHANIEL SMITH ON AUG 6,2013

Aug. 12, 2013

Aug. 12, 2013

12082...

Description: RETURN OF SERVICEEntry: SERVED LARRY CRAN PULASKI CIRCUIT COUNTY CLERK ON AUG 6,2013

Aug. 12, 2013

Aug. 12, 2013

15082...

Description: AFFIDAVIT FILEDEntry: supporting affidavits / NATALIE WARTICK

Aug. 15, 2013

Aug. 15, 2013

15082...

Description: MOTION TEMPORARY RELIEFEntry: MOTION FOR TEMP. RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND INCORPORATED BRIEF / CHERYL MAPLES

Aug. 15, 2013

Aug. 15, 2013

22082...

Description: NOTICE - OTHEREntry: Notice of Voluntary Dismissal

Aug. 22, 2013

Aug. 22, 2013

22082...

Description: ENTRY OF APPEARANCEEntry: JACK WAGONER III AS CO-COUNSEL ON BEHALF OF THE PLAINTIFF PARTY

Aug. 22, 2013

Aug. 22, 2013

23082...

Description: MOTION DISMISSEntry: and Answer / JASON OWENS

Aug. 23, 2013

Aug. 23, 2013

23082...

Description: ENTRY OF APPEARANCEEntry: NOTICE OF of Appearance / ATTORNEY JASON OWENS ON BEHALF OF SEP. DEFS.

Aug. 23, 2013

Aug. 23, 2013

23082...

Description: ANSWER FILEDEntry: Answer on behalf of Larry Crane and Doug Curtis with incorporated Motion to Dismiss and Response to Motion for Peliminary Injunction AND TO SECOND AMENDED COMPLAINT / FUQUA

Aug. 23, 2013

Aug. 23, 2013

23082...

Description: ENTRY OF APPEARANCEEntry: Appearance by David M. Fuqua on behalf of Larry Crane DEF.

Aug. 23, 2013

Aug. 23, 2013

23082...

Description: RESPONSE TO MOTION FILEDEntry: Response to Motion for Temporary Restraining Order / JORGENSEN

Aug. 23, 2013

Aug. 23, 2013

23082...

Description: BRIEF IN SUPPORTEntry: Brief in support of Motion to Dismiss / JORGENSEN

Aug. 23, 2013

Aug. 23, 2013

23082...

Description: MOTION DISMISSEntry: COLIN JORGENSEN

Aug. 23, 2013

Aug. 23, 2013

23082...

Description: ENTRY OF APPEARANCEEntry: On Behalf of the State of Arkansas, the Governor, the Attorney General, and the Health Department Director ENTERS APPEARANCE ATTORNEY COLIN JORGENSEN

Aug. 23, 2013

Aug. 23, 2013

30082...

Description: AFFIDAVIT FILEDEntry: AFFIDAVIT OF DEFENDANT MELINDA REYNOLD'S IN SUPPORT OF HER OPPOSITION TO PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION / MELINDA REYNOLDS

Aug. 30, 2013

Aug. 30, 2013

30082...

Description: BRIEF IN SUPPORTEntry: BRIEF IN SUPPORT OF DEFENDANT REYNOLD'S MOTION TO DIMISS AND IN OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION / DAVID HOGUE

Aug. 30, 2013

Aug. 30, 2013

30082...

Description: MOTION DISMISSEntry: DEFENDANT REYNOLD'S MOTION TO DISMISS AND OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION / DAVID HOGUE

Aug. 30, 2013

Aug. 30, 2013

03092...

Description: ORDER RECUSALEntry: ORDER OF RECUSAL / PLAINTIFF'S ORAL MOTION OF RECUSAL GRANTED

Sept. 3, 2013

Sept. 3, 2013

04092...

Description: MOTION OTHEREntry: Unopposed Motion for Stay of Deadlines and for Filing Subsequent Pleadings

Sept. 4, 2013

Sept. 4, 2013

06092...

Description: JUDGMENT-DISMISS W/O PREJUDICEEntry: ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO THE GOVERNOR AND THE ATTY GENERAL ONLY

Sept. 6, 2013

Sept. 6, 2013

06092...

Description: ORDER OTHEREntry: ORDER THIRD AMD COMPLAINT AND AMD MOT FOR TEMP RESTRAINING ORDER AND PRELIM INJUNCT SHALL BE FILED ON OR BEFORE SEPT 30, 2013

Sept. 6, 2013

Sept. 6, 2013

30092...

Description: FILING - OTHEREntry: Plaintiffs' Memorandum of Law in Support of Motion for Preliminary Injunction

Sept. 30, 2013

Sept. 30, 2013

30092...

Description: MOTION OTHEREntry: Plaintiffs' Motion for Preliminary Injunction

Sept. 30, 2013

Sept. 30, 2013

30092...

Description: AMENDED COMPLAINTEntry: Third Amended Complaint for Declaratory and Injunctive Relief

Sept. 30, 2013

Sept. 30, 2013

Description: NOTICE SENTEntry: Docket entry for the letter produced from CSAEVNT on 16-OCT-2013.

Oct. 16, 2013

Oct. 16, 2013

18102...

Description: RESPONSE TO MOTION FILEDEntry: State Defendants' Response to Plaintiffs' Motion for Preliminary Injunction

Oct. 18, 2013

Oct. 18, 2013

18102...

Description: BRIEF IN SUPPORTEntry: Brief in support of State Defendants' Motion to Dismiss Third Amended Complaint

Oct. 18, 2013

Oct. 18, 2013

18102...

Description: MOTION DISMISSEntry: State Defendants' Motion to Dismiss Third Amended Complaint

Oct. 18, 2013

Oct. 18, 2013

18102...

Description: AFFIDAVIT FILEDEntry: OF DEF MELINDA REYNOLDS IN SUPPORT OF HER OPPOSITION TO PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION

Oct. 18, 2013

Oct. 18, 2013

18102...

Description: BRIEF IN SUPPORTEntry: OPF DEF REYNOLDS'S MOTION TO DISMISS THIRD AMENDED COMPLAINT AND OPPOSITION TO MOTION FOR PLELINARY INJUNCION

Oct. 18, 2013

Oct. 18, 2013

18102...

Description: ANSWER FILEDEntry: Answer on behalf of Larry Crane and Doug Curtis to the Third Amended Complaint with incorporated Motion to Dismiss and Response to Motion for Peliminary Injunction

Oct. 18, 2013

Oct. 18, 2013

18102...

Description: MOTION DISMISSEntry: DEFENDANT REYNOLD'S MOTION TO DISMISS THIRD AMENDED COMPLAINT AND OPPOSITION TO MOTION FOR PRELIMINARY INJUCTION

Oct. 18, 2013

Oct. 18, 2013

21102...

Description: MOTION DISMISSEntry: AND ANSWER TO THIRD AMENDED COMPLAINT AND RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

Oct. 21, 2013

Oct. 21, 2013

22102...

Description: TRIAL ACKNOWLEDGEDEntry: Motion Hearing Acknowledgment JACK WAGONER FOR 12/12/2013 AT 1 FOR MOTION HEARING

Oct. 22, 2013

Oct. 22, 2013

23102...

Description: MOTION EXTENSION OF TIMEEntry: none.

Oct. 23, 2013

Oct. 23, 2013

23102...

Description: TRIAL ACKNOWLEDGEDEntry: DAVID FUQUA FOR 12/12/2013 AT 1 FOR MOTION HEARING

Oct. 23, 2013

Oct. 23, 2013

24102...

Description: ORDER OTHEREntry: ORDER PLAINTIFF'S RESPONSES ARE STAYED AND SHALL BE FILED BY 500PM ON NOV 17, 2013.

Oct. 24, 2013

Oct. 24, 2013

28102...

Description: AMENDED ORDEREntry: AMENDED ORDER PLAINTIFF'S RESPONSES TO MOT TO DISMISS AND PRELIM INJUNCT ARE STAYED AND SHOULD BE FILED BY 500PM ON NOV 19, 2013.

Oct. 28, 2013

Oct. 28, 2013

28102...

Description: TRIAL ACKNOWLEDGEDEntry: COLIN JORGENSEN FOR 12/12/2013 AT 1 FOR MOTION HEARING

Oct. 28, 2013

Oct. 28, 2013

28102...

Description: TRIAL ACKNOWLEDGEDEntry: DAVID FUQUA RETURNED FROM POST OFFICE

Oct. 28, 2013

Oct. 28, 2013

28102...

Description: TRIAL ACKNOWLEDGEDEntry: JASON OWENS FOR 12/12/2013 AT 1 FOR MOTION HEARING

Oct. 28, 2013

Oct. 28, 2013

04112...

Description: LETTER TO COURTEntry: FROM DAVID HOGUE

Nov. 4, 2013

Nov. 4, 2013

07112...

Description: SUMMONS ISSUEDEntry: none.

Nov. 7, 2013

Nov. 7, 2013

14112...

Description: NOTICE - OTHEREntry: Notice and Acknowledgment of Service

Nov. 14, 2013

Nov. 14, 2013

19112...

Description: BRIEF FILEDEntry: Plaintiffs' Reply Brief in Support of Motion for Preliminary Injunction

Nov. 19, 2013

Nov. 19, 2013

19112...

Description: BRIEF FILEDEntry: Plaintiffs' Brief in Opposition to Motions to Dismiss Third Amended Complaint

Nov. 19, 2013

Nov. 19, 2013

26112...

Description: REPLY BRIEFEntry: Reply in Support of Motion to Dismiss Third Amended Complaint

Nov. 26, 2013

Nov. 26, 2013

02122...

Description: REPLY BRIEFEntry: in Support of Separate White, Lonoke, Washington and Conway County Defendants' Motion to Dismiss Third Amended Complaint

Dec. 2, 2013

Dec. 2, 2013

02122...

Description: REPLY BRIEFEntry: IN SUPPORT OF DEF REYNOLDS'S MOTION TO DISMISS THIRD AMENDED COMPLAINT

Dec. 2, 2013

Dec. 2, 2013

04122...

Description: ENTRY OF APPEARANCEEntry: none.

Dec. 4, 2013

Dec. 4, 2013

10122...

Description: SUMMONS ISSUEDEntry: none.

Dec. 10, 2013

Dec. 10, 2013

11122...

Description: SUMMONS SERVEDEntry: Proof of Service

Dec. 11, 2013

Dec. 11, 2013

15122...

Description: LETTEREntry: Letter to Court Regarding Transmittal of Brown v. Buhman

Dec. 15, 2013

Dec. 15, 2013

19122...

Description: ORDER MOTION DENIEDEntry: ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS AND PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

Dec. 19, 2013

Dec. 19, 2013

27122...

Description: ANSWER FILEDEntry: STATE'S DEFENDANT'S ANSWER TO THIRD AMENDED COMPLAINT

Dec. 27, 2013

Dec. 27, 2013

07012...

Description: ANSWER FILEDEntry: MS.REYNOLDS TO THIRD AMENDED COMPLAINT

Jan. 7, 2014

Jan. 7, 2014

27012...

Description: ORDER - SCHEDULING ORDEREntry: SCHEDULING ORDER FOR MOTIONS FOR SUMMARY JMT

Jan. 27, 2014

Jan. 27, 2014

Description: NOTICE SENTEntry: Docket entry for the letter produced from CSAEVNT on 03-FEB-2014.

Feb. 3, 2014

Feb. 3, 2014

05022...

Description: TRIAL ACKNOWLEDGEDEntry: COLIN R JORGENSEN FOR 4/17/2014 AT 1 FOR MOTION HEARING

Feb. 5, 2014

Feb. 5, 2014

05022...

Description: TRIAL ACKNOWLEDGEDEntry: MOTION HEARING

Feb. 5, 2014

Feb. 5, 2014

14022...

Description: TRIAL ACKNOWLEDGEDEntry: DAVID HOGUE FOR 4/17/2014 AT 1 FOR MOTION HEARING

Feb. 14, 2014

Feb. 14, 2014

20022...

Description: TRIAL ACKNOWLEDGEDEntry: DAVID FUQUA RETURNED FROM POST OFFICE FAXED

Feb. 20, 2014

Feb. 20, 2014

26022...

Description: EXHIBITSEntry: 20

Feb. 26, 2014

Feb. 26, 2014

26022...

Description: EXHIBITSEntry: 1-19 ATTACHED

Feb. 26, 2014

Feb. 26, 2014

26022...

Description: MOTION SUMMARY JUDGMENTEntry: WITH BRIEF N SUPPORT OF DEF REYNOLDS'S MOTION FOR SUMMARY JUDGMENT

Feb. 26, 2014

Feb. 26, 2014

26022...

Description: MOTION SUMMARY JUDGMENTEntry: PLAINTIFF'S AND INCORPORATED MEMORANDUM OF LAW

Feb. 26, 2014

Feb. 26, 2014

26022...

Description: MOTION SUMMARY JUDGMENTEntry: and Brief in Support

Feb. 26, 2014

Feb. 26, 2014

26022...

Description: BRIEF IN SUPPORTEntry: Brief in support of Motion for Summary Judgment

Feb. 26, 2014

Feb. 26, 2014

26022...

Description: MOTION SUMMARY JUDGMENTEntry: none.

Feb. 26, 2014

Feb. 26, 2014

19032...

Description: RESPONSE TO MOTION FILEDEntry: Plaintiff's Response to Defendants' Motions for Summary Judgment and Incorporate Brief in Support Thereof

March 19, 2014

March 19, 2014

19032...

Description: RESPONSE TO MOTION FILEDEntry: OF DEF REYNOLDS TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

March 19, 2014

March 19, 2014

19032...

Description: RESPONSE TO MOTION FILEDEntry: State Defendants' Response to Plaintiffs' Motion for Summary Judgment

March 19, 2014

March 19, 2014

31032...

Description: MOTION DISMISSEntry: MELINDA REYNOLDS, SEP DEF

March 31, 2014

March 31, 2014

01042...

Description: TRIAL ACKNOWLEDGEDEntry: JASON OWENS FOR 4/17/2014 AT 1 FOR MOTION HEARING

April 1, 2014

April 1, 2014

01042...

Description: RESPONSE TO MOTION FILEDEntry: PLAINTIFF'S FOR SUMMARY JUDGMENT

April 1, 2014

April 1, 2014

01042...

Description: ORDER OTHEREntry: ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO SEPARATE DEFENDANT, MELINDA REYNOLDS ONLY.

April 1, 2014

April 1, 2014

02042...

Description: REPLY BRIEFEntry: State's Reply in support of Motion for Summary Judgment

April 2, 2014

April 2, 2014

08042...

Description: TRIAL ACKNOWLEDGEDEntry: CHERYL MAPLES FOR 4/17/2014 AT 1 FOR MOTION HEARING

April 8, 2014

April 8, 2014

Description: MOTION HEARING HELDEntry: none.

April 17, 2014

April 17, 2014

23042...

Description: LETTEREntry: Letter to Judge Piazza

April 23, 2014

April 23, 2014

01052...

Description: LETTER FROM COURTEntry: none.

May 1, 2014

May 1, 2014

09052...

Description: MOTION MODIFY FINAL ORDEREntry: Motion for an Immediate Stay

May 9, 2014

May 9, 2014

Description: MOD SUMMARY JUDGMENTEntry: TRIAL TYPE N

May 9, 2014

May 9, 2014

09052...

Description: JUDGMENT-SUMMARYEntry: ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF THE PLAINTIFFS AND FINDING ACT 144 OF 1997 AND AMENDMENT 83 UNCONSTITUTIONAL

May 9, 2014

May 9, 2014

10052...

Description: NOTICE OF APPEALEntry: none.

May 10, 2014

May 10, 2014

15052...

Description: NOTICE OF APPEALEntry: State's Notice of Appeal

May 15, 2014

May 15, 2014

Case Details

State / Territory:

Arkansas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: July 1, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are same-sex couples who wish to marry or have their legal out-of-state marriages recognized.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Arkansas, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Arkansas state trial court 60CV-13-2662

Arkansas state trial court CV-14-427

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Mixed

Relief Granted:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General/Misc.:

Marriage

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Family discrimination

Gender identity

Sex discrimination

Sexual orientation

Affected Sex/Gender(s):

Female

Male

LGBTQ+:

LGBTQ+