The 8th U.S. Circuit Court of Appeals said Monday that the state of Arkansas should show cause why its appeal of the same-sex marriage ban ruling should not be dismissed  for failure to pay a $505 docketing fee.

The fee was set Jan. 7 and due Jan. 21. Attorney General Leslie Rutledge said yesterday the failure to file the fee was due to a clerical error. The state has 14 days to file a motion persuading the court to maintain the appeal.

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Baker invalidated the state’s ban and the state has appealed. A separate case in which Judge Chris Piazza invalidated the ruling also pends before the Arkansas Supreme Court.

The state has paid up, by the way.

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