The Eighth Circuit Court of Appeals on
Monday warned Arkansas officials that its appeal in a ruling that
struck down the state's ban on gay marriage is at risk of being
dismissed over an overdue fee.
On November 25, U.S. District Judge
Kristine Baker sided with two lesbian couples challenging the state's
decade-old ban. She put her ruling on hold as the state pursues an
appeal.
“The appellant has failed to pay the
Clerk of the United States District Court the requisite docketing
fees,” the court wrote in an order. “Accordingly, appellant is
directed to show cause, within fourteen (14) days of the date of this
order, why this appeal should not be dismissed for failure to
prosecute.”
According to the AP, the $505 fee was
due January 21.
Attorney General Leslie Rutledge was
sworn in on January 13. She blamed a clerical error for the mistake
and said that the fee will be paid.
A separate challenge to the ban is
before the Arkansas Supreme Court.