Rutledge Comments on 8th Circuit Decision Not to Hear Argument in State’s Appeal of Amendment 83
April 29, 2015
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today released the following statement after an 8th Circuit panel issued an order holding the State’s appeal in Jernigan v. McDaniel in abeyance pending the outcome of the same-sex marriage case currently before the U.S. Supreme Court.
“I am disappointed by the 8th Circuit’s decision not to hold oral argument in Arkansas's appeal in defense of the constitutionality of Arkansas Amendment 83. This case is important to the people of Arkansas, and the 8th Circuit has the authority to rule regardless of what is occurring before the U.S. Supreme Court.”
Following a ruling from U.S. District Judge Kristine Baker that declared Arkansas’s marriage laws unconstitutional in November 2014, the State appealed to the Eighth Circuit Court of Appeals. In February, the Attorney General’s Office filed its opening brief and filed its reply brief in April. Oral argument was scheduled for May 12 in Omaha, Neb., along with cases arising out of Missouri, South Dakota and Nebraska, which are also now on hold.