Update: Drew County Attorney Cliff Gibson's revised order on same-sex marriages

Although I don't have a copy of any decision, the media reports are that the Pulaski County Circuit Court has issued an additional Order declaring "all" Arkansas laws prohibiting same sex marriage, or the issuance of licenses to same sex couples, unconstitutional.  This was obviously done in response to the Opinion of the Arkansas Supreme Court issued yesterday.


It remains my opinion that the decisions of the Pulaski County Circuit Court are not binding on Drew County or you as Drew County Clerk as the plaintiffs in that case did not see fit to join Drew County or you to that case.


It further remains my opinion that you are bound to follow Arkansas law which prohibits you from issuing marriage licenses to same sex couples unless and until such time as the Arkansas Supreme Court may otherwise direct.  If any same sex couples come to your office requesting a marriage license, I suggest that you give them a copy of this e-mail so that they will  know why you are unable to comply with their request.  I do ask that you obtain the identities and addresses of any such same sex couples that come to your office requesting a marriage license, and that you promptly provide that information to me as it may be necessary for me to communicate with them regarding their request.


Notwithstanding the suggesting of one of your sister clerks, I recommend that you not purchase new marriage license forms (that accommodate same sex couples) unless and until the Arkansas Supreme Court rules that such is what you must do.


As I have stated before, this is a fast moving matter, and my opinion may change based on new developments.  Let me know if there are any questions.

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