In a press release issued Sunday, Faulkner County attorney David Hogue says that the office of Faulkner County Clerk Melinda Reynolds will refuse to issue marriage licenses for same-sex couples this week. According to the press release from Hogue, the basis of Reynolds’ refusal is three-fold:
1. Circuit Judge Christopher Piazza did not grant the Plaintiffs’ request for an injunction barring the Defendants from enforcement of Act 146 of 1997, Amendment 83 to the Arkansas Constitution, Arkansas Code § 9-11-208 or Arkansas Code § 9-11-107(b), as they requested.
2. Even if he had, Defendant Melinda Reynolds was dismissed from the action before final arguments were made, denying her an opportunity to defend her position. As she was not a final party to the case, the judgment can not be enforced against her.
3. Further, with all due respect to the Third Division Circuit Court of Pulaski County, a circuit court does not establish or strike down statewide law. That would be the role of the State Supreme Court. This case has simply not yet reached that level.
Hogue’s release says that for those reasons, Reynolds will “continue to uphold state law, as she is sworn to do. If the law changes, so will her practice in Faulkner County.”