Supreme Court of Arkansas
Nathaniel Smith, M.d., Mph
December 8, 20162016 Ark. LEXIS 369
Summary
Justice Wood, concurring in part and dissenting in part, would reverse, vacate, and remand the constitutional challenges because changed state practices, factual disputes, and the State's concessions made the case underdeveloped and potentially moot. She would adopt prudential mootness and allow the circuit court to reconsider the claims in light of the State's revised interpretation of the birth-certificate statutes. She also maintained that states must provide same-sex married couples equal access to marital benefits, including birth certificates, under the federal constitutional principles recognized in Obergefell. Justice Danielson, dissenting, would affirm the circuit court, while Chief Justice Brill, concurring in part and dissenting in part, would affirm relief for one category of couples but remand other statutory questions for legislative and executive action.