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The text of the amendment states: [4] Marriage. Marriage consists only of the union of one man and one woman. 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.
On November 11, 2015, former Justice Donald L. Corbin, one of the original justices to hear the case, revealed that the court had voted 5–2 to strike down the same-sex marriage ban in 2014. Corbin said he had written a majority opinion finding that Arkansas' ban on same-sex marriage violated both the Arkansas and U.S. constitutions.
The first legally-recognized same-sex marriage occurred in Minneapolis, [3] Minnesota, in 1971. [4] On June 26, 2015, in the case of Obergefell v. Hodges, the Supreme Court overturned Baker v. Nelson and ruled that marriage is a fundamental right guaranteed to all citizens, and thus legalized same-sex marriage nationwide.
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Covenant marriage is a legally distinct kind of marriage in three states of the United States (Arizona, Arkansas, and Louisiana), in which the marrying spouses agree to obtain pre-marital counseling and accept more limited grounds for later seeking divorce (the least strict of which being that the couple lives apart from each other for two years).
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Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v.