Case: Wright v. Arkansas

60CV-13-2662 | Arkansas state trial court

Filed Date: July 1, 2013

Case Ongoing

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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-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)

Judge(s)

Piazza, Chris (Arkansas)

Attorney for Plaintiff

Jorgensen, Colin R. (Arkansas)

Mann, Angela Griffith (Arkansas)

Maples, Cheryl (Arkansas)

Smith, Kathleen (Arkansas)

Wagoner, Jack III (Arkansas)

Attorney for Defendant

Fuqua, David M. (Arkansas)

Hogue, David R. (Arkansas)

McDaniel, Dustin (Arkansas)

Owens, Jason E. (Arkansas)

Documents in the Clearinghouse

Documents in this case

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

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Wright v. Arkansas Encyclopedia of Arkansas	Wright v. Arkansas was a case involving same-sex marriage in Arkansas. Beginning with a May 2014 decision by a state district court judge, which overturned Arkansas’s ban on gay marriage, the case wa…	Sept. 11, 2020	Sept. 11, 2020 https://encyclopediaofarkansas.net/...
Nathaniel Smith v. Wright: Marriage Equality ACLU Arkansas	Victory! In 2013, private counsel filed a lawsuit in state court challenging the constitutionality of Arkansas’ ban on same-sex couples marrying, and the state’s refusal to recognize such marriages p…	May 9, 2014	May 9, 2014 https://www.acluarkansas.org/...

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Docket

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

ECF Number	Date	Description
	July 1, 2013	Description: MOF ORIGINALEntry: none.
01072...	July 1, 2013	Description: COMPLAINT/PETITION FILED $Entry: none.
01072...	July 1, 2013	Description: AOC COVERSHEET CIVILEntry: none.
	July 2, 2013	Description: SUMMONS ISSUEDEntry: none.
	July 2, 2013	Description: PAYMENT RECEIVEDEntry: A Payment of $165.00 was made on receipt 60CI131648.
21072...	July 21, 2013	Description: AMENDED COMPLAINTEntry: CHERYL MAPLES
26072...	July 26, 2013	Description: ENTRY OF APPEARANCEEntry: Appearance of David M. Fuqua on behalf of Doug Curtis
05082...	Aug. 5, 2013	Description: SECOND AMENDED COMPLAINTEntry: CHERYL MAPLES
12082...	Aug. 12, 2013	Description: RETURN OF SERVICEEntry: SERVED DOUG CURTIS ON JULY 25, 2013
12082...	Aug. 12, 2013	Description: RETURN OF SERVICEEntry: SERVED WILLIAM LARRY CLARKE ON JULY 30, 2013
12082...	Aug. 12, 2013	Description: RETURN OF SERVICEEntry: SERVED DEBBIE HARTMAN ON JULY 30,2013
12082...	Aug. 12, 2013	Description: RETURN OF SERVICEEntry: SERVED THE STATE OF ARKANSAS ON JULY 25, 2013
12082...	Aug. 12, 2013	Description: RETURN OF SERVICEEntry: SERVED GOVEROR MICHAEL D BEEBE ON
12082...	Aug. 12, 2013	Description: RETURN OF SERVICEEntry: SERVED ATTORNEY GENERAL DUSTIN MCDANIEL ON JULY 25,2013
12082...	Aug. 12, 2013	Description: RETURN OF SERVICEEntry: SERVED NATHANIEL SMITH ON AUG 6,2013
12082...	Aug. 12, 2013	Description: RETURN OF SERVICEEntry: SERVED LARRY CRAN PULASKI CIRCUIT COUNTY CLERK ON AUG 6,2013
15082...	Aug. 15, 2013	Description: AFFIDAVIT FILEDEntry: supporting affidavits / NATALIE WARTICK
15082...	Aug. 15, 2013	Description: MOTION TEMPORARY RELIEFEntry: MOTION FOR TEMP. RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND INCORPORATED BRIEF / CHERYL MAPLES
22082...	Aug. 22, 2013	Description: NOTICE - OTHEREntry: Notice of Voluntary Dismissal
22082...	Aug. 22, 2013	Description: ENTRY OF APPEARANCEEntry: JACK WAGONER III AS CO-COUNSEL ON BEHALF OF THE PLAINTIFF PARTY
23082...	Aug. 23, 2013	Description: MOTION DISMISSEntry: and Answer / JASON OWENS
23082...	Aug. 23, 2013	Description: ENTRY OF APPEARANCEEntry: NOTICE OF of Appearance / ATTORNEY JASON OWENS ON BEHALF OF SEP. DEFS.
23082...	Aug. 23, 2013	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
23082...	Aug. 23, 2013	Description: ENTRY OF APPEARANCEEntry: Appearance by David M. Fuqua on behalf of Larry Crane DEF.
23082...	Aug. 23, 2013	Description: RESPONSE TO MOTION FILEDEntry: Response to Motion for Temporary Restraining Order / JORGENSEN
23082...	Aug. 23, 2013	Description: BRIEF IN SUPPORTEntry: Brief in support of Motion to Dismiss / JORGENSEN
23082...	Aug. 23, 2013	Description: MOTION DISMISSEntry: COLIN JORGENSEN
23082...	Aug. 23, 2013	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
30082...	Aug. 30, 2013	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
30082...	Aug. 30, 2013	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
30082...	Aug. 30, 2013	Description: MOTION DISMISSEntry: DEFENDANT REYNOLD'S MOTION TO DISMISS AND OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION / DAVID HOGUE
03092...	Sept. 3, 2013	Description: ORDER RECUSALEntry: ORDER OF RECUSAL / PLAINTIFF'S ORAL MOTION OF RECUSAL GRANTED
04092...	Sept. 4, 2013	Description: MOTION OTHEREntry: Unopposed Motion for Stay of Deadlines and for Filing Subsequent Pleadings
06092...	Sept. 6, 2013	Description: JUDGMENT-DISMISS W/O PREJUDICEEntry: ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO THE GOVERNOR AND THE ATTY GENERAL ONLY
06092...	Sept. 6, 2013	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
30092...	Sept. 30, 2013	Description: FILING - OTHEREntry: Plaintiffs' Memorandum of Law in Support of Motion for Preliminary Injunction
30092...	Sept. 30, 2013	Description: MOTION OTHEREntry: Plaintiffs' Motion for Preliminary Injunction
30092...	Sept. 30, 2013	Description: AMENDED COMPLAINTEntry: Third Amended Complaint for Declaratory and Injunctive Relief
	Oct. 16, 2013	Description: NOTICE SENTEntry: Docket entry for the letter produced from CSAEVNT on 16-OCT-2013.
18102...	Oct. 18, 2013	Description: RESPONSE TO MOTION FILEDEntry: State Defendants' Response to Plaintiffs' Motion for Preliminary Injunction
18102...	Oct. 18, 2013	Description: BRIEF IN SUPPORTEntry: Brief in support of State Defendants' Motion to Dismiss Third Amended Complaint
18102...	Oct. 18, 2013	Description: MOTION DISMISSEntry: State Defendants' Motion to Dismiss Third Amended Complaint
18102...	Oct. 18, 2013	Description: AFFIDAVIT FILEDEntry: OF DEF MELINDA REYNOLDS IN SUPPORT OF HER OPPOSITION TO PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION
18102...	Oct. 18, 2013	Description: BRIEF IN SUPPORTEntry: OPF DEF REYNOLDS'S MOTION TO DISMISS THIRD AMENDED COMPLAINT AND OPPOSITION TO MOTION FOR PLELINARY INJUNCION
18102...	Oct. 18, 2013	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
18102...	Oct. 18, 2013	Description: MOTION DISMISSEntry: DEFENDANT REYNOLD'S MOTION TO DISMISS THIRD AMENDED COMPLAINT AND OPPOSITION TO MOTION FOR PRELIMINARY INJUCTION
21102...	Oct. 21, 2013	Description: MOTION DISMISSEntry: AND ANSWER TO THIRD AMENDED COMPLAINT AND RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION
22102...	Oct. 22, 2013	Description: TRIAL ACKNOWLEDGEDEntry: Motion Hearing Acknowledgment JACK WAGONER FOR 12/12/2013 AT 1 FOR MOTION HEARING
23102...	Oct. 23, 2013	Description: MOTION EXTENSION OF TIMEEntry: none.
23102...	Oct. 23, 2013	Description: TRIAL ACKNOWLEDGEDEntry: DAVID FUQUA FOR 12/12/2013 AT 1 FOR MOTION HEARING
24102...	Oct. 24, 2013	Description: ORDER OTHEREntry: ORDER PLAINTIFF'S RESPONSES ARE STAYED AND SHALL BE FILED BY 500PM ON NOV 17, 2013.
28102...	Oct. 28, 2013	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.
28102...	Oct. 28, 2013	Description: TRIAL ACKNOWLEDGEDEntry: COLIN JORGENSEN FOR 12/12/2013 AT 1 FOR MOTION HEARING
28102...	Oct. 28, 2013	Description: TRIAL ACKNOWLEDGEDEntry: DAVID FUQUA RETURNED FROM POST OFFICE
28102...	Oct. 28, 2013	Description: TRIAL ACKNOWLEDGEDEntry: JASON OWENS FOR 12/12/2013 AT 1 FOR MOTION HEARING
04112...	Nov. 4, 2013	Description: LETTER TO COURTEntry: FROM DAVID HOGUE
07112...	Nov. 7, 2013	Description: SUMMONS ISSUEDEntry: none.
14112...	Nov. 14, 2013	Description: NOTICE - OTHEREntry: Notice and Acknowledgment of Service
19112...	Nov. 19, 2013	Description: BRIEF FILEDEntry: Plaintiffs' Reply Brief in Support of Motion for Preliminary Injunction
19112...	Nov. 19, 2013	Description: BRIEF FILEDEntry: Plaintiffs' Brief in Opposition to Motions to Dismiss Third Amended Complaint
26112...	Nov. 26, 2013	Description: REPLY BRIEFEntry: Reply in Support of Motion to Dismiss Third Amended Complaint
02122...	Dec. 2, 2013	Description: REPLY BRIEFEntry: in Support of Separate White, Lonoke, Washington and Conway County Defendants' Motion to Dismiss Third Amended Complaint
02122...	Dec. 2, 2013	Description: REPLY BRIEFEntry: IN SUPPORT OF DEF REYNOLDS'S MOTION TO DISMISS THIRD AMENDED COMPLAINT
04122...	Dec. 4, 2013	Description: ENTRY OF APPEARANCEEntry: none.
10122...	Dec. 10, 2013	Description: SUMMONS ISSUEDEntry: none.
11122...	Dec. 11, 2013	Description: SUMMONS SERVEDEntry: Proof of Service
15122...	Dec. 15, 2013	Description: LETTEREntry: Letter to Court Regarding Transmittal of Brown v. Buhman
19122...	Dec. 19, 2013	Description: ORDER MOTION DENIEDEntry: ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS AND PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION
27122...	Dec. 27, 2013	Description: ANSWER FILEDEntry: STATE'S DEFENDANT'S ANSWER TO THIRD AMENDED COMPLAINT
07012...	Jan. 7, 2014	Description: ANSWER FILEDEntry: MS.REYNOLDS TO THIRD AMENDED COMPLAINT
27012...	Jan. 27, 2014	Description: ORDER - SCHEDULING ORDEREntry: SCHEDULING ORDER FOR MOTIONS FOR SUMMARY JMT
	Feb. 3, 2014	Description: NOTICE SENTEntry: Docket entry for the letter produced from CSAEVNT on 03-FEB-2014.
05022...	Feb. 5, 2014	Description: TRIAL ACKNOWLEDGEDEntry: COLIN R JORGENSEN FOR 4/17/2014 AT 1 FOR MOTION HEARING
05022...	Feb. 5, 2014	Description: TRIAL ACKNOWLEDGEDEntry: MOTION HEARING
14022...	Feb. 14, 2014	Description: TRIAL ACKNOWLEDGEDEntry: DAVID HOGUE FOR 4/17/2014 AT 1 FOR MOTION HEARING
20022...	Feb. 20, 2014	Description: TRIAL ACKNOWLEDGEDEntry: DAVID FUQUA RETURNED FROM POST OFFICE FAXED
26022...	Feb. 26, 2014	Description: EXHIBITSEntry: 20
26022...	Feb. 26, 2014	Description: EXHIBITSEntry: 1-19 ATTACHED
26022...	Feb. 26, 2014	Description: MOTION SUMMARY JUDGMENTEntry: WITH BRIEF N SUPPORT OF DEF REYNOLDS'S MOTION FOR SUMMARY JUDGMENT
26022...	Feb. 26, 2014	Description: MOTION SUMMARY JUDGMENTEntry: PLAINTIFF'S AND INCORPORATED MEMORANDUM OF LAW
26022...	Feb. 26, 2014	Description: MOTION SUMMARY JUDGMENTEntry: and Brief in Support
26022...	Feb. 26, 2014	Description: BRIEF IN SUPPORTEntry: Brief in support of Motion for Summary Judgment
26022...	Feb. 26, 2014	Description: MOTION SUMMARY JUDGMENTEntry: none.
19032...	March 19, 2014	Description: RESPONSE TO MOTION FILEDEntry: Plaintiff's Response to Defendants' Motions for Summary Judgment and Incorporate Brief in Support Thereof
19032...	March 19, 2014	Description: RESPONSE TO MOTION FILEDEntry: OF DEF REYNOLDS TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
19032...	March 19, 2014	Description: RESPONSE TO MOTION FILEDEntry: State Defendants' Response to Plaintiffs' Motion for Summary Judgment
31032...	March 31, 2014	Description: MOTION DISMISSEntry: MELINDA REYNOLDS, SEP DEF
01042...	April 1, 2014	Description: TRIAL ACKNOWLEDGEDEntry: JASON OWENS FOR 4/17/2014 AT 1 FOR MOTION HEARING
01042...	April 1, 2014	Description: RESPONSE TO MOTION FILEDEntry: PLAINTIFF'S FOR SUMMARY JUDGMENT
01042...	April 1, 2014	Description: ORDER OTHEREntry: ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO SEPARATE DEFENDANT, MELINDA REYNOLDS ONLY.
02042...	April 2, 2014	Description: REPLY BRIEFEntry: State's Reply in support of Motion for Summary Judgment
08042...	April 8, 2014	Description: TRIAL ACKNOWLEDGEDEntry: CHERYL MAPLES FOR 4/17/2014 AT 1 FOR MOTION HEARING
	April 17, 2014	Description: MOTION HEARING HELDEntry: none.
23042...	April 23, 2014	Description: LETTEREntry: Letter to Judge Piazza
01052...	May 1, 2014	Description: LETTER FROM COURTEntry: none.
09052...	May 9, 2014	Description: MOTION MODIFY FINAL ORDEREntry: Motion for an Immediate Stay
	May 9, 2014	Description: MOD SUMMARY JUDGMENTEntry: TRIAL TYPE N
09052...	May 9, 2014	Description: JUDGMENT-SUMMARYEntry: ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF THE PLAINTIFFS AND FINDING ACT 144 OF 1997 AND AMENDMENT 83 UNCONSTITUTIONAL
10052...	May 10, 2014	Description: NOTICE OF APPEALEntry: none.
15052...	May 15, 2014	Description: NOTICE OF APPEALEntry: State's Notice of Appeal