Arkansas attorneys spar over gay marriage

Attorneys in a lawsuit over a proposed constitutional ban on same-sex marriage in Arkansas disputed the term marital status in briefs filed with the Arkansas supreme court Monday. The Arkansas chapter of the American Civil Liberties Union brought the lawsuit, which argues that the Arkansas Marriage Amendment is vague and nonsensical and should be removed from the November 2 ballot. Supporters of the amendment say it is clearly written and that the ACLU seeks to deny voters a chance to vote on the amendment, which would define marriage as the union of one man and one woman. The amendment further states, "Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas." In legal briefs filed Monday, the ACLU said the language is misleading because it uses the term marital status to mean marriage, when most interpret it to mean whether or not an individual is married. "It is unclear, making the entire ballot title nonsensical," said Blake Rutherford of Little Rock, an attorney for the ACLU. The Marriage Amendment Committee, which led efforts to place the amendment on the ballot, has intervened in the ACLU's lawsuit in defense of its proposal. The committee argued in briefs filed Monday that voters would understand the language. "In the context of an employment application, people understand that marital status refers to the status of being married, single, divorced, or widowed," the committee's brief stated. "In the context of the ballot title of Amendment 3, the voters will understand that marital status refers to the state of being married." Attorneys will present oral arguments in the suit to the high court on Thursday. The suit was filed on behalf of a heterosexual couple who have gay relatives and on behalf of a gay man.