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US: Arkansas clerk claims equal marriage county lawsuit is actually a state matter

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  1. Huh?

    This doesn’t make the report any clearer:

    The County Clerk said that the lawsuit filed “in the state court should be dismissed, and taken up by the state court.”

  2. The County Clerk in this news report is a defendant in Arkansas of different suits. In one, there’s a bunch of couples who are suing for the right to marry through the state courts (without knowing about Arkansas court system, I’d guess that it was a bad decision), and a lawsuit from three couples who filed in the local federal court. The County Clerk wants the federal claims to be joined with the state claims and be heard by the state court.

    1. The three couple who filed in federal court are taking the best course. There are federal constitutional issues involved which will trump state law.

      I’d guess that the county clerk would prefer both cases to go through the state courts because that will lead to a longer timeline, with a series of appeals. I don’t know anything about this particular clerk, but he’s probably hoping they’ll all just give up, because in the state courts, they’ll lose.

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