Arkansas became the latest state to have its ban on same-sex marriage overturned , after a state judge Friday declared the voter-approved measure to be unconstitutional . Twenty-one gay and lesbian couples were part of a group of plaintiffs challenging Amendment 83 to the Arkansas constitution , saying it violated their federal and state rights of equal protection and privacy . There was no indication from the court the decision would be temporarily put on hold pending appeal , leaving unclear whether some same-sex couples could begin getting married immediately . The state has the option of asking for a stay on enforcement , and the legal fight is now likely headed to the state supreme court . `` Our freedoms are often acquired slowly , but our country has evolved as a beacon of liberty in what is sometimes a dark world . These freedoms include a right to privacy , '' said Pulaski County Circuit Judge Chris Piazza . `` It is time to let that beacon of freedom shine brighter on all our brothers and sisters . We will be stronger for it . '' The ruling continues a near-unbroken string of state and federal court victories nationwide in the past year , giving marriage-equality supporters unbridled encouragement that their ultimate goal will be achieved : eliminating all laws limiting the rights of homosexuals to wed. Seventeen states and the District of Columbia allow same-sex marriage within its borders : California , Connecticut , Delaware , Hawaii , Illinois , Iowa , Maine , Maryland , Massachusetts , Minnesota , New Hampshire , New Jersey , New Mexico , New York , Rhode Island , Vermont , and Washington . Just a decade ago , there were none . Friday also marks the two-year anniversary of President Barack Obama voicing his public support for the first time of same-sex marriage , citing his own `` evolution '' on the issue . `` At a certain point , I 've just concluded that for me personally it is important for me to go ahead and affirm that I think same-sex couples should be able to get married , '' said Obama at the time . Groups supporting same-sex marriage applauded the Arkansas ruling . `` Judge Piazza held that there is no good reason for discriminating against couples and their loved ones just because they are gay , '' said Evan Wolfson , president of Freedom to Marry . `` With nearly 70 marriage cases now making their way through the courts , and five federal appellate courts now hearing arguments and soon to rule , today 's decision out of Arkansas underscores that all of America is ready for the freedom to marry . '' A federal appeals court last month heard challenges to same-sex marriage bans in Utah and Oklahoma . Appeals courts in coming weeks and months will hear similar challenges over current bans in Nevada , Texas , Kentucky , Ohio , and Michigan , including Virginia next Tuesday . In June , the U.S. Supreme Court cleared the way for same-sex marriages in California to resume after it ruled private parties did not have `` standing '' to defend a voter-approved ballot measure barring gay and lesbian couples from state-sanctioned wedlock . More importantly , the high court also rejected parts of the federal Defense of Marriage Act in its 5-4 `` Windsor '' decision , citing equal protection guarantees to conclude same-sex spouses legally married in a state may receive federal benefits such as tax breaks . Judge Piazza cited the Windsor case in tossing out the Arkansas statute . `` The strength of our nation is in our freedom which includes , among others , freedom of expression , freedom of religion , the right to marry , the right to bear arms , the right to be free of unreasonable searches and seizures , the right of privacy , the right of due process and equal protection , and the right to vote regardless of race or sex , '' he wrote . The state 's attorney general , Dustin McDaniel , earlier this week said he personally backs the same-sex marriage right , but that his duties require him to defend the current ban in all court challenges . The case is Wright v. State of Arkansas ( 60CV-13-2662 ) .
`` Our country has evolved as a beacon of liberty , '' judge writes . `` It is time to let that beacon of freedom shine brighter on all our brothers and sisters '' Seventeen states and the District of Columbia already allow same-sex marriage . The Supreme Court will soon rule in favor of gay couples across America.