JEGLEY v. PICADO

No. 01-815.

80 S.W.3d 332 (2002)

349 Ark. 600

Larry JEGLEY, In His Official Capacity, and On Behalf of Himself and All Others Similarly Situated v. Elena PICADO, et al.

Supreme Court of Arkansas.

July 5, 2002.


Attorney(s) appearing for the Case

Mark Pryor, Att'y Gen., by: Jill Jones Moore, Ass't Att'y Gen., Little Rock, for appellant.

Mitchell, Blackstock, Barnes, Wagoner & Ivers, by: David L. Ivers and Emily Sneddon, Little Rock; and Lambda Legal Defense & Education Fund, Inc., by: Susan L. Sommer, Ruth E. Harlow, and Jennifer Middleton, New York, NY, for appellees.

Kaplan, Brewer & Maxey, P.A., by: Philip E. Kaplan; and Professor John M.A. DiPippa (Associate's License, Commonwealth of Virginia), Little Rock, for amici curiae National Conference for Community Justice, the Right Reverend Larry E. Maze, Rabbi Eugene Levy, the Reverend Jo Ellen Willis, the Reverend Donna Rountree, More Light Presbyterians of Central Arkansas, and University of Arkansas Law Professors Donald Judges, Cynthia E. Nance, Richard B. Atkinson, and Morton Gitelman.

Nathalie F.P. Gilfoyle and James L. McHugh, Washington, D.C., for amicus curiae American Psychological Association.

Carolyn I. Polowy, Washington, D.C., for amicus curiae National Association of Social Workers, Inc.

Ronald L. May, Little Rock and Jenner & Block, LLC, by: William M. Hohengarten and Nicole G. Berner, Washington, D.C., for amici curiae American Psychological Association, Arkansas Psychological Association, National Association of Social Workers, and the Arkansas Chapter of the National Association of Social Workers.


ANNABELLE CLINTON IMBER, Justice.

This appeal involves a constitutional challenge to the Arkansas sodomy statute at Ark.Code Ann. § 5-14-122 (Repl.1997). Appellant Larry Jegley, acting in his official capacity as prosecuting attorney for the Sixth Judicial District, on behalf of himself and all others similarly situated, was sued by appellee Elena Picado and six other gay and lesbian Arkansas citizens. Appellees seek a declaratory judgment that this state's sodomy...

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