|
|
| |
| Mon, Dec. 1, 2008 |  |
 |
|
||
| |
Beebe: Marriage law ruling adds to confusion, but no special session needed Friday, Oct 12, 2007 By John Lyon Arkansas News Bureau LITTLE ROCK - A Benton County judge's ruling that a 17-year-old girl can marry legally in Arkansas will "add to the confusion" over the state's marriage-age law, Gov. Mike Beebe said Thursday. Despite the confusion, Beebe said he does not see a need for a special session of the Legislature to fix problems with the law. "If we see that there's someone trying to take advantage of the law in a way that appears to be offensive and creates a crisis, then we wouldn't hesitate to call a special session. We're not there yet," the governor said. Circuit Judge Tom Keith ruled Wednesday that 17-year-old Lisa Stansell of Springdale should be issued a marriage license in Benton County. Stansell's mother sued the county after Stansell was denied a license under a new state law that was intended to raise the marriage age in Arkansas to 18 but inadvertently allowed people of any age to marry if they have parental consent. The state Code Revision Commission recently revised the law to correct what lawmakers said were errors in the language, but Keith said the commission exceeded its authority by making "a substantive change" to the law. The law stands as passed, the judge ruled. Keith's ruling is not binding outside Benton County, so the question of whether clerks in other counties should follow Act 441 of 2007 as passed or as revised remains unresolved. "This does add to confusion, but it is one county's decision on it, and it was rendered in such a way that it's not a case of somebody being so underage that it rises to the level of a crisis or offending someone's sensibilities," Beebe said. If the case were appealed to the state Supreme Court, that court's ruling would set a statewide precedent. As of Thursday, no appeal had been filed. Benton County's attorney, Robin Green, said she would appeal the ruling only if asked to do so by Beebe or Attorney General Dustin McDaniel. "I will defer to their judgment, and if either of them should want Benton County to appeal it, I would be happy to do so, but at this juncture I don't anticipate filing an appeal," Green said. "We'll talk to our lawyers and see whether or not we'll make that recommendation to her," Beebe said. "My initial reaction is, the court probably would say it's moot because before they would have the chance to rule on it ... the individuals in question in the case would no longer be minors." Stansell is a couple of months away from turning 18, Beebe said. McDaniel said Thursday his office would not ask Green to file an appeal. McDaniel said he believes the circuit judge's ruling provides at least some guidance for county clerks across the state. "That ruling is not binding anywhere but Benton County, but ... I think it would be reasonable for court clerks to look to that ruling as guidance," he said. Beebe said the law ultimately will need a legislative fix. "The question is, do we clear it up legislatively now or can it wait until January (2009)?" he said. |
