JERNIGAN v. CRANE

No. 15-1022.

796 F.3d 976 (2015)

Rita JERNIGAN; Pam Jernigan; Becca Austin; Tara Austin, Plaintiffs-Appellees v. Larry CRANE, In his official capacity as Circuit and County Clerk of Pulaski County, Arkansas, and his successors in interest, Defendant Dustin McDaniel, In his official capacity as Attorney General for the State of Arkansas, and his successors in interest; Richard Weiss, In his official capacity as Director of the Arkansas Department of Finance and Administration, and his successors in interest; George Hopkins, In his official capacity as Executive Director of the Arkansas Teacher Retirement System, and his successors in interest, Defendants-Appellants North Carolina Values Coalition; Liberty, Life, and Law Foundation; Dr. Paul McHugh; Robert P. George; Sherif Girgis; Liberty Counsel; Eagle Forum Education and Legal Defense Fund, Amici on Behalf of Appellant(s) National Women's Law Center; Connecticut Women's Education and Legal Fund; Legal Momentum; Legal Voice; National Association of Women Lawyers; National Partnership for Women and Families; Women's Bar Association of the District of Columbia; Women's Bar Association of Illinois; Women's Law Project; Williams Institute Scholars of Sexual Orientation and Gender Law; Howard University School of Law Civil Rights Clinic; American Sociological Association; American Psychological Association; Arkansas Psychological Association; American Psychiatric Association; American Association for Marriage and Family Therapy; American Psychoanalytic Association; National Association of Social Workers; National Association of Social Workers Missouri, Arkansas, South Dakota, and Nebraska Chapters; Leadership Conference on Civil and Human Rights; President of the House of Deputies of the Episcopal Church and the Episcopal Bishops of Missouri and Nebraska; General Synod of the United Church of Christ; Reconstructionist Rabbinical Association; Reconstructionist Rabbinical College and Jewish Reconstructionist Communities; Union for Reform Judaism; Unitarian Universalist Association; Affirmation; Covenant Network of Presbyterians; Friends for Lesbian, Gay, Bisexual, Transgender, and Queer Concerns; Reconciling Ministries Network; Reconciling Works: Lutherans for Full Participation; Parity; Muslims for Progressive Values; More Light Presbyterians; Methodist Federation for Social Action; Family Equality Council; COLAGE; Constitutional Law Scholars; Historians of Marriage; Historians of Antigay Discrimination; 24 Employers; Gary J. Gates; Leadership Conference Education Fund; Americans United For Separation of Church and State; Religious Institute, Inc., Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2015.


Attorney(s) appearing for the Case

Colin Jorgensen , AAG, Little Rock, AR, for Appellant.

Deborah J. Dewart , on the brief, Swansboro, NC, for North Carolina Values Coalition and Liberty, Life and Law Foundation.

Kevin T. Snider , on the brief, Oakland, CA, Gerard V. Bradley , Notre Dame, IN, for Dr. Paul McHugh.

Jefferson Downing , Thomas P. McCarty , on the brief, Lincoln, NE, Robert P. George and Sherif Girgis.

Mary E. McAlister , Lynchburg, VA, Mathew D. Stayer , Anita L. Stayer , Horatio G. Mihet , Orlando, FL, on the brief, for Liberty Counsel.

Lawrence J. Joseph , on the brief, Washington, DC, for Eagle Forum Education & Legal Defense Fund.

Jack Wagoner, III , Angela M. Mann , Little Rock, AR, for Appellees.

Marcia D. Greenberger , Emily J. Martin , Elizabeth Johnston , on the brief, Washington, DC, for National Women's Law Center, Connecticut Women's Education and Legal Fund, Legal Momentum, Legal Voice, National Association of Women Lawyers, National Partnership for Women and Families, Women's Bar Association of the District of Columbia, Women's Bar Association of Illinois, Women's Law Project, and Williams Institute Scholars of Sexual Orientation and Gender Law.

Prof. Aderson B. Francois , on the brief, Washington, DC, Benjamin G. Shatz , Brad W. Selling of Los Angeles, CA, for Howard University School of Law Civil Rights Clinic.

Carmine D. Boccuzzi, Jr. , Mark A. Lightner , Grant A. Bermann , Alexandra Eber , on the brief, New York, NY, for American Sociological Association.

Nathalie F.P. Gilfoyle , Paul M. Smith , Aaron M. Panner , on the brief, Washington, DC, for American Psychological Association, Arkansas Psychological Association, American Psychiatric Association, American Association for Marriage and Family Therapy, American Psychonalytic Association, National Association of Social Workers, and National Association of Social Workers Missouri, Arkansas, South Dakota, and Nebraska Chapters.

Wade J. Henderson , Lisa M. Bornstein , Matthew M. Hoffman , Andrew Hudson , on the brief, Washington, DC, for Leadership Conference on Civil and Human Rights and the Leadership Conference Education Fund.

Ayesha N. Khan , Alex J. Luchenitser , Charles A. Rothfeld , Miriam R. Nemetz , Richard B. Katskee , Scott M. Noveck , on the brief, Washington, DC, for Americans United for Separation of Church and State.

Jeffrey S. Trachtman , Norman C. Simon , Jason M. Moff , Kurt M. Denk , Michelle Ben-David , and Catherine Hoge , on the brief, New York, N.Y., for President of the House of Deputies of the Episcopal Church and the Episcopal Bishops of Missouri and Nebraska, General Synod of the United Church of Christ, Reconstructionist Rabbinical Association, Reconstructionist Rabbinical College and Jewish Reconstructionist Communities, Union for Reform Judaism, Unitarian Universalist Association, Affirmation, Covenant Network of Presbyterians, Friends for Lesbian, Gay, Bisexual, Transgender, and Queer Concerns, Methodist Federation for Social Action, More Light Presbyterians, Muslims for Progressive Values, Parity, Reconciling Ministries Network, Reconciling Works, Lutherans for Full Participation, and Religious Institute, Inc.

Thomas E. Nanney , on the brief, Kansas City, MO, Brian C. Walsh of St. Louis, MO, Family Equality Council and Colage.

Geoffrey R. Stone , on the brief, Chicago, IL, Diane M. Soubly , Ann Arbor, MI, Constitutional Law Scholars.

Pratik A. Shah , on the brief, Washington, DC, Daniel McNeel Lane, Jr. , San Antonio, TX, Jessica M. Weisel , Los Angeles, CA, for Historians of Marriage.

Catherine E. Stetson , Erica Knievel Songer , Mary Helen Wimberly , Madeline H. Gitomer , Katherine J. Duncan (supervised by members of the firm), on the brief, Washington, DC, for Historians of Antigay Discrimination.

Susan Baker Manning , Michael L. Whitlock , Jawad Muaddi , Kimberley E. Lunetta , Jacquelynne M. Hamilton , on the brief, Washington, DC, 24 Employers.

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.


[Published]

Plaintiffs are two same-sex couples seeking to marry in Arkansas or to have their marriage in another state recognized in Arkansas. They also seek state benefits incident to marriage. The district court1 granted Plaintiffs' motion for summary judgment...

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