Judges Strike Down Arkansas, Mississippi Gay Marriage Bans

Federal judges on Tuesday struck down same-sex marriage bans in Mississippi and Arkansas, opening the way to gay nuptials in the Deep South. If their decisions stand, they could bring the number of states that allow gays and lesbians to wed to 37.

U.S. District Judge Carlton Reeves in Mississippi said the state's gay marriage ban violated same-sex couples the rights guaranteed under the 14th Amendment of the U.S. Constitution. He stayed his ruling for 14 days but also noted clerks could not issue gay marriage licenses until further guidance is given from the 5th U.S. Circuit Court of Appeals or the U.S. Supreme Court (the 5th circuit is currently considering challenges to same-sex marriage bans from other states in its area).

'This court joins the vast majority of federal courts to conclude that same-sex couples and the children they raise are equal before the law,' Reeves wrote in his opinion. 'The state of Mississippi cannot deny them the marriage rights and responsibilities it holds out to opposite-sex couples and their children.'

It wasn't clear if the state would appeal the decision. Messages left for the attorney general weren't immediately returned.

'Our clients and thousands of other gay people throughout the state of Mississippi can now enjoy their turkey and pecan pie with their families thankful that a court has recognized that their government must treat them the same as everyone else,' lead counsel in the Mississippi case, Roberta Kaplan, said in a statement. 'This is a big day since it means that gay Mississippians will have the right to be married in their own home state that they love so much.'

In Arkansas, U.S. District Court Judge Kristine Baker said the state must recognize gay marriage and those same-sex nuptials performed out of state. Failure to do so had violated the due process and equal protection clauses of the 14th Amendment, she said. Like the Mississippi judge, she stayed her decision pending a challenge by the state to the 8th U.S. Circuit Court of Appeals.

A spokesman for Arkansas Attorney General Dustin McDaniel was reviewing the ruling and a decision on whether to appeal will be made after Thanksgiving and in consultation with the Attorney General-elect, news3blog.blogspot.com reported.

Thirty-five states plus the District of Columbia now allow gays and lesbians to wed.

Three federal circuit courts of appeal have ruled in favor of same-sex nuptials this year, but the 6th Circuit ruled against it in early November - posing a legal conflict that experts believe will force the Supreme Court to make a definitive ruling on gay marriage.

IN-DEPTH - Miranda Leitsinger

First published November 25 2014, 5:20 PM

Miranda Leitsinger

Miranda Leitsinger is a reporter at NBC News. She started this role in February 2011. Leitsinger is responsible for long-term enterprise and breaking news coverage. Her beats include recovery from natural disasters and mass shootings, the LGBT community, income inequality, immigration and the Boy Scouts. Leitsinger previously worked at CNN.com in Hong Kong as a digital producer, where she collaborated with the network's television staff in Asia to produce enterprise stories for the website. Before that she worked as a reporter at news3blog.blogspot.com for seven years in various cities, including New York, Miami, Phnom Penh, Cambodia, Bangkok, Thailand, and San Juan, Puerto Rico. She covered the aftermath of 9/11 in Florida, the 2004 tsunami in Asia, the initial military tribunal at Guantanamo and Cambodia's bid to recover from genocide and the ensuing decades of civil war.Leitsinger, a San Francisco native, lives in New York.