Arkansas Supreme Court Asks Attorneys Who Should Decide Gay Marriage?

Feb 5, 2015

The Arkansas Supreme Court wants lawyers in a gay-marriage case to tell it which justices they believe should decide the issue.

The makeup of Arkansas' highest court changed Jan. 1 - six weeks after oral arguments. The state's new attorney general wants new arguments, but lawyers for gay couples object.

In an unsigned order Thursday, the justices gave both sides 30 days to say why their argument should prevail.

A Pulaski County judge last May overturned Arkansas' same-sex marriage ban and 541 gay couples obtained licenses before justices imposed a stay.

Two of the court's seven justices were not on the court during November's arguments and another justice was out of town but participated remotely.

A federal judge has also overturned the ban but has stayed her order.