Same sex marriage void
Marriage shall be only between a man and a woman. A marriage
between persons of the same sex is void.
(Arkansas Code Ann. section 9-11-109)
Validity of foreign marriages
(a) All marriages contracted outside this state which would
be valid by the laws of the state or country in which the
marriages were consummated and in which the parties then
actually resided shall be valid in all the courts in this
state.
(b) This section shall not apply to a marriage between
persons of the same sex.
(Arkansas Code Ann. section 9-11-107)
Age requirement
(a) No license shall be issued to persons to marry unless
and until the female shall attain the age of sixteen (16)
years and the male the age of seventeen (17) years and then
only by written consent by a parent or guardian until the
male shall have attained the age of eighteen (18) years
and the female the age of eighteen (18) years.
(b) It shall be the declared public policy of the State
of Arkansas to recognize the marital union only of man and
woman. No license shall be issued to persons to marry another
person of the same sex and no same-sex marriage shall be
recognized as entitled to the benefits of marriage.
(c) Marriages between persons of the same sex are prohibited
in this state. Any marriage entered into by persons of the
same sex, where a marriage license is issued by another
state or by a foreign jurisdiction, shall be void in Arkansas
and any contractual or other rights granted by virtue of
that license, including its termination, shall be unenforceable
in the Arkansas courts.
(d) However, nothing in this section shall prevent an employer
from extending benefits to persons who are domestic partners
of employees.
(Arkansas Code Ann. section 9-11-208)
Arkansas Const. Amendment 83 (approved by the electorate
on November 2, 2004):
Section 1. Marriage.
Marriage consists only of the union of one man and one woman.
Section 2. 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.
Section 3. Capacity, rights, obligations, privileges, and
immunities.
The legislature has the power to determine the capacity
of persons to marry, subject to this amendment, and the
legal rights, obligations, privileges, and immunities of
marriage.
