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)
(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.
May v. Daniels