1 county clerk feels GOP heat

Washington County clerk Becky Lewallen, shown left, said via text message “We will not be issuing any more until the Supreme Court decision.”
Washington County clerk Becky Lewallen, shown left, said via text message “We will not be issuing any more until the Supreme Court decision.”

The Arkansas Supreme Court put the brakes on a week-long roller-coaster ride for many county clerks.





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An order late Friday prevents county clerks in the state from issuing any more marriage licenses to same-sex couples for the time being.

The order stayed a ruling by Pulaski County Circuit Judge Chris Piazza that declared unconstitutional three Arkansas laws that ban same-sex marriage.

"I'm just glad that whatever the outcome will be, it will affect all the county clerks," said Washington County Clerk Becky Lewallen. "It's difficult to explain why some are issuing and some are not."

Pulaski and Washington were the only counties in Arkansas where clerks issued marriage licenses throughout the week, except for Thursday.

They stopped after a Supreme Court order late Wednesday indicated Piazza neglected to rule on Act 146 of 1997, which prevents county clerks from issuing marriage licences to same-sex couples.

Piazza fixed that with a subsequent order Thursday saying he meant to include it in his previous order.

Pulaski County began issuing licenses to same-sex couples again Thursday afternoon, and Washington County resumed the next day.

But it's all on hold now.

"As soon as my office got notice of the stay, we shut it down again," said Pulaski County Clerk Larry Crane. "We obey the law. That's our job."

"We will not be issuing any more until the Supreme Court decision," Lewallen said via text message.

Since May 10, on the basis of available numbers, nearly 600 marriage licenses have been issued to same-sex couples in Arkansas. That number includes 397 in Pulaski County, 161 in Washington County, 28 in Carroll County, six in Saline County and one in Marion County.

All this began in Eureka Springs on May 10. The city has the distinction of being the only place in Arkansas where marriage licenses can be obtained on Saturdays. After Piazza's May 9 ruling, 15 marriage licenses were issued the next day to same-sex couples in Eureka Springs, but a crowd of about 100 was turned away at 1 p.m. when the office closed.

Jamie Correia, the Carroll County clerk, announced Friday that the office in Eureka Springs won't be open today. But opposite-sex couples can get marriage licenses from 10 a.m. to 1 p.m. today at the Berryville Courthouse instead. Carroll County has two courthouses.

Carl Gustin, a deputy clerk in Carroll County, said there were some safety concerns after the large crowd showed up on May 10 in Eureka Springs. Only one person would be available to work the marriage license office at the Eureka Springs Courthouse today , he said.

"After the security issues from last week, we don't feel it's safe to have only one clerk working on over there," said Gustin. "A man threatened our clerk with a cane last Saturday."

Paul Wank, 79, of Eureka Springs, fessed up.

"That was me," he said, referring to the cane incident on the courthouse steps. "I was just pointing at her. If I had tried to threaten her, I would have fallen over. I was too far away."

Wank and his partner of 50 years, Don Jerky, 74, were turned away on May 10, but they went back to the Carroll County on Monday and got their marriage license then. But they were lucky. By 11 a.m. Monday, Correia had stopped issuing licenses to same-sex couples, citing advice from Tony Rogers, the county prosecuting attorney.

"We're just trying to abide by the laws of this state," Rogers said late Friday. "It's been helter-skelter. It's been up and down all week with different rulings. I think we had two rulings out of Piazza's court and two rulings from the Supreme Court, most of them in the last 48 hours."

Cheryl Evans, the White County clerk, said she had a software program installed to allow her to print appropriately worded marriage licenses and was prepared to issue them to same-sex couples as of 2 p.m. Friday. But none came in before the Supreme Court granted the stay less than three hours later.

"I will not be issuing same-sex marriage licenses till the next ruling comes down," she said after the stay was granted.

In Washington County, the issue became political.

Throughout the week, Republicans pressured Lewallen to stop issuing marriage licenses to same-sex couples.

"Until the constitution is changed or otherwise modified, you must serve the people or step down," wrote Joe Maynard, a Fayetteville businessman, in an email to Lewallen, who is a Republican.

Sharon Lloyd, president of the Washington County Republican Women, sent a text message to Lewallen and others reading: "I am outraged that Washington County is issuing same-sex marriage licenses!!! Please contact Becky Lewallen, our REPUBLICAN county clerk and let her know you want this stopped!"

The message included Lewallen's cellphone number.

With the lull on Thursday, Republicans tried to talk Lewallen into waiting until the Supreme Court ruled on a motion to stay Piazza's initial ruling instead of resuming the issuance of licenses to same-sex couples Friday.

Lewallen wavered Thursday on what to do. Friday morning, she sent out a news release saying she had resumed issuing marriage licenses to same-sex couples.

"This matter has weighed very heavily on me personally," Lewallen wrote in the release. "Over the past several days, l have been in much discussion with several experts in constitutional law."

Lewallen wrote that the attorney general's office had told her to follow her county attorney's advice.

Washington County Attorney George Butler and another attorney told Lewallen she was "obligated and compelled by law to resume issuing marriage licenses to same sex couples until further instruction from the state Supreme Court," according to the release.

"If I did not follow their advice, I and the county would be open to civil law suits," Lewallen wrote. "My office does not make laws or regulations but I am under obligation to follow them."

In an email exchange with Butler on Wednesday, the county attorney told Lewallen they would be at risk of a civil suit if they didn't resume issuing the licenses to same-sex couples on Friday.

If the Republican Party feels so strongly about it, "perhaps the party would agree to pick up our legal expenses and pay any judgment and attorneys fees awarded?" Butler wrote. "I guess in the final analysis it is your call Becky but it could be a costly decision."

While many Republicans were critical, several Democrats were complimentary of Lewallen.

"I know you have been hit with a ton of hateful messages over the last few days," wrote Tyler Clark, chairman of the Democratic Party of Washington County, on Wednesday in an email to Lewallen. "I just wanted to give my heartfelt appreciation to you and your team for working so hard. I know we may not agree politically, but I have every confidence in your ability as county clerk."

Maria Baez de Hicks, president of the Arkansas Federation of Democratic Women and vice chairman of the 3rd Congressional District Hispanic Caucus, also had kind words for Lewallen.

"I just wanted to take a moment to thank you for your work this week," Hicks wrote in an email. "You and your staff have embodied the definition of professionalism, efficiency, kindness, and humanity. ... You have earned a lot of respect and good will in this community. The haters are just really loud and their ignorance makes them bold, which makes it seem like there are more of them than there really are. You are on the right side of history and I thank you for your courage."

On Thursday, Lewallen sent an email to Lance Johnson, chairman of the Washington County Republican Committee.

"This is not a question of 'standing' for or against anything," she wrote. "This is a simple, straightforward matter of following the law, and that is an obligation you all should know I take very seriously. ... I am always happy to discuss and/or explain the different laws of my office and the operation of my office to anyone at any time, and I would much prefer dialogue to critical emails seeming to suggest I have done something wrong."

A Section on 05/17/2014

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