There is some confusion about the marriage equality ruling issued in Arkansas by a state circuit judge in that state, such as how can a state judge rule on a federal issue. I found out something else in the column as well ... Judge Piazza ruled that the marriage ban violated the state constitution as well as the federal constitution.
From attorney Ari Ezra Waldman writing for Towleroad:
1. How can a state court judge make a decision on federal law?
State court judges are allowed to answer federal questions in their court rooms when those federal questions are attached to state law questions. In this case, the plaintiffs argued that the ban violated the Arkansas Constitution and the Federal Constitution. If this case ever gets to a federal court--it could be appealed through the state intermediate appellate courts, then up to the state supreme court, and then on to the U.S. Supreme Court--the federal judges would rely on the state court's interpretation of state law and could agree or disagree with his interpretation of federal law.
2. Will there be a stay?
Gay couples in Arkansas are already marrying, but the state has filed a motion with Judge Piazza for a stay. Since he declined to issue one at first, there is little reason to believe he will issue one now, unless there was some defective motion practice originally. I am not aware of that being the case, so the state could ask for a stay from the appellate court or the state supreme court. The more couples that marry, the more awkward a stay will become. But, as we saw with Utah, a stay can still be issued and may likely be.
3. Why are only certain counties issuing marriage licenses?
Several counties, including Pulaski County, where the first gay couple married, and Carroll County, in the far northwestern part of the state, started issuing marriage licenses as soon as they could after the decision came down on Friday night. But several county lawyers, including in Faulkner County just north of Little Rock, are arguing that Judge Piazza's ruling only applies to Pulaski because that's where he sits and that's his jurisdiction. Only a decision by the state supreme court, they argue, could bind all the counties. Other counties note that they simply don't have the proper paper work: all their marriage licenses say "husband" and "wife." The former argument has some merit; the latter does not.
State officials have petitioned the Arkansas Supreme Court for an emergency stay of Judge Piazza's ruling. The Court has requested a response to the request/motion from the plaintiffs by noon tomorrow. So, it looks like the marriages will continue at least until then (in some counties). More information about the issue can be found
here.