Arkansas Sex Laws

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Last update:   9/7/2014

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Title 9  Family Law  
Subtitle 2.  Domestic Relations  
Chapter 11  Marriage  
Subchapter 1  -- General Provisions


A.C.A. § 9-11-109  (2014)


9-11-109.  Validity of same-sex marriages.

  Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.

HISTORY: Acts 1997, No. 144, § 1.

 

Subchapter 2  -- License and Ceremony


A.C.A. § 9-11-208  (2014)


9-11-208.  License not issued to persons of the same sex.

  (a)  (1)  (A) It is the public policy of the State of Arkansas to recognize the marital union only of man and woman.

      (B) A license shall not be issued to a person to marry another person of the same sex, and no same-sex marriage shall be recognized as entitled to the benefits of marriage.

   (2) Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by a person of the same sex, when a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas, and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.

   (3) However, nothing in this section shall prevent an employer from extending benefits to a person who is a domestic partner of an employee.

(b) A license shall not be issued to a person to marry unless and until the female shall attain the age of sixteen (16) years and the male the age of seventeen (17) years and then only by written consent by a parent or guardian until the male shall have attained the age of eighteen (18) years and the female the age of eighteen (18) years.

HISTORY: Acts 1941, No. 404, § 2; A.S.A. 1947, § 55-211; Acts 1997, No. 146, §§ 1, 2; 2007, No. 441, § 3; 2008 (1st Ex. Sess.), No. 3, § 3; 2011, No. 793, § 2.

 

On May 9, 2014, Sixth Judicial Circuit Judge Chris Piazza ruled the ban on same-sex marriage in the state of Arkansas was unconstitutional, which legalized same-sex marriage in the state. Previously same-sex marriage was banned in both state statute and the state constitution in Arkansas. Subject to court stays and appeals.[8]

 

Texts :

Arkansas Constitution Amendment 83 :

 

Section 1. Marriage. Marriage consists only of the union of one man and one woman.

 Section 2. Marital status. Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas, except that the legislature may recognize a common law marriage from another state between a man and a woman.

 Section 3. Capacity, rights, obligations, privileges, and immunities. The legislature has the power to determine the capacity of persons to marry, subject to this amendment, and the legal rights, obligations, privileges, and immunities of marriage.

Arkansas Code Annotated - Title 9. Family law - subtitle 2. Domestic relations - chapter 11. Marriage (law passed 1997) Subchapter 1. General Provisions.

 

 

Section 9-11-107. Same sex marriage void

 Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.

 Section 9-11-109. Validity of foreign marriages

 (a) All marriages contracted outside this state which would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state.

 (b) This section shall not apply to a marriage between persons of the same sex.

Subchapter 2. License and Ceremony.

 

 

Section 9-11-208. License not issued to persons under age or to persons of the same sex.

 (a) No license shall be issued to persons to marry unless and until the female shall attain the age of sixteen (16) years and the male the age of seventeen (17) years and then only by written consent by a parent or guardian until the male shall have attained the age of eighteen (18) years and the female the age of eighteen (18) years.

 (b) It shall be the declared public policy of the State of Arkansas to recognize the marital union only of man and woman. No license shall be issued to persons to marry another person of the same sex and no same-sex marriage shall be recognized as entitled to the benefits of marriage.

 (c) Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by persons of the same sex, where a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.

 (d) However, nothing in this section shall prevent an employer from extending benefits to persons who are domestic partners of employees.

 

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

 

 

From:

http://www.freedomtomarry.org/pages/marriage-rulings-in-the-courts

Wright v. Arkansas

5/9/14 • State Court Ruling

State court decision declaring that same-sex couples in AR have the freedom to marry and that the marriages of same-sex couples legally performed in other states must be respected. Ruling on hold pending appeal to the Arkansas Supreme Court

 

 

 

Title 9  Family Law  
Subtitle 2.  Domestic Relations  
Chapter 11  Marriage  
Subchapter 8  -- Covenant Marriage Act


A.C.A. § 9-11-808  (2014)


9-11-808.  Divorce or separation.

  (a) Notwithstanding any other law to the contrary and subsequent to the parties' obtaining authorized counseling, a spouse to a covenant marriage may obtain a judgment of divorce only upon proof of any of the following:

   (1) The other spouse has committed adultery;

(b) Notwithstanding any other law to the contrary and subsequent to the parties' obtaining authorized counseling, a spouse to a covenant marriage may obtain a judgment of judicial separation only upon proof of any of the following:

   (1) The other spouse has committed adultery;

 

 

And now for some (harmless?) fun.

CODE OF ORDINANCES

City of

LITTLE ROCK, ARKANSAS

https://library.municode.com/index.aspx?clientId=11170

 

Chapter 18, ARTICLE II, Sec. 18-54,

Sounding of horns at sandwich shops.

No person shall sound the horn on a vehicle at any place where cold drinks or sandwiches are served after 9:00 p.m.

(Code 1961, § 25-74)

We can see that for people who live nearby.