LITTLE ROCK, Ark. — Arkansas Supreme Court justices questioned Thursday whether banning gay marriage is constitutional just because voters approved it a decade ago, even if the restriction conflicts with rights outlined in the state's constitution.
Opponents and supporters of the 2004 constitutional amendment defining marriage as between a man and woman embarked on a day of back-to-back hearings in federal and state courts. Voters approved the ban by a 3-1 margin.
"This court should defer to the Democratic process and defer to the voters of Arkansas, and hold that there is no fundamental right to same-sex marriage," Assistant Attorney General Colin Jorgensen told the high court.
But at least two members of the court expressed skepticism about that argument, with one questioning whether it would allow the state to enforce prohibitions against other minority groups.
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