Supreme Court of Arkansas
Nathaniel Smith, M.d., Mph
December 8, 20162016 Ark. LEXIS 369
Summary
The court reversed and dismissed the circuit court’s judgment granting same-sex couples declaratory and injunctive relief concerning the listing of spouses on their children’s birth certificates. It held that the prior injunction did not preclude the case, that Obergefell did not resolve the constitutionality of Arkansas’s birth-certificate statutes, and that the statutes did not facially violate due process or equal protection. Justice Brill, Chief Justice concurring in part and dissenting in part, and Justices Wood and Danielson, dissenting in separate opinions, would have afforded broader relief, required a remand, or affirmed based on the prior injunction and Obergefell.