Between the lines: Marriage reaction not over

Supreme Court decision sparks response in Arkansas

The U.S. Supreme Court's historic ruling on same-sex marriage was greeted by pure joy from supporters of the decision.

From outside the court chamber to streets across the nation, including here in Arkansas, many people took to the streets to celebrate a day some thought would never come.

Joy and love were the pervasive feelings being expressed in what were long-lasting celebrations, some centered around gay pride parades and others focused on the impromptu marriages of long-committed same-sex couples.

But there were other reactions to the ruling that were far from accepting.

In a state that voted a provision into its Constitution declaring marriage to be between one man and one woman, the non-approving stance was predictable.

Nevertheless, and to their credit, both Gov. Asa Hutchinson and Attorney General Leslie Rutledge, quickly acknowledged the court's ruling is the law of the land.

In separate statements, both noted the decision goes against the will of Arkansas voters but must be followed.

This was Gov. Hutchinson's statement, issued immediately after the court ruling:

"Today the Supreme Court in a 5-4 decision requires the state of Arkansas to recognize same-sex marriage. This decision goes against the expressed view of Arkansans and my personal beliefs and convictions. While my personal convictions will not change, as governor I recognize the responsibility of the state to follow the direction of the U.S. Supreme Court. As a result of this ruling, I will direct all state agencies to comply with the decision.

"It is also important to note that the Supreme Court decision is directed at the states to allow and recognize marriage between two people of the same sex. It is not a directive for churches or pastors to recognize same-sex marriage. The decision for churches, pastors and individuals is a choice that should be left to the convictions of conscience."

The governor set the right example and offered sound guidance with that statement.

So did the attorney general, who expressed disappointment with the decision but said it must be followed.

That was hardly the end of the political response in Arkansas, however.

Republican caucuses of both the state Senate and House of Representatives have issued statements that they intend to legislate protections beyond what they've already done.

Remember, Arkansas lawmakers earlier this year adopted a controversial Religious Freedom Restoration Act that would have sanctioned discrimination against gays and lesbians and others refused service by businesses based on the owner's exercise of religious freedom.

Thankfully, they eventually agreed to pull that legislation and adopt a federal version at Gov. Hutchinson's request, but there was certainly support there for a different outcome.

This marriage ruling from the Supreme Court may have resurrected some of that sentiment to sanction discrimination in the name of religious freedom.

Late last week, the 24 Republicans in the Arkansas Senate, speaking as a caucus, released a statement that the caucus plans to draft legislation to address any unforeseen consequences of the Supreme Court ruling on the religious community.

The House caucus has similarly said it is cooking up a legislative response.

It is a sentiment that Rutledge also expressed in her statement after the ruling.

"Moving forward, it is critically important that the rights of religious freedom are protected, and I am committed to doing so," Rutledge said.

It all sounds a little like saber-rattling to please the electorate if you take the view that Gov. Hutchinson expressed, which is that the court's same-sex marriage decision applies to government entities, not religious groups.

There is one other element to note in the related politics.

At least one state senator, that Conway firebrand, Sen. Jason Rapert, might be using this issue as a wedge between the Legislature and the governor.

A recently disclosed chain of emails among state senators shows Rapert accusing the governor of arrogance.

Rapert is among Republicans whose right-wing legislative efforts have at times been thwarted by Hutchinson, who is not the ultra-conservative some expected him to be.

Whatever Rapert's personal intention -- or the goals of the Republican caucuses, for that matter -- reaction to the Supreme Court's ruling is really just beginning in Arkansas, pushing away the initial euphoria and replacing it with rancor.

Commentary on 07/08/2015

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