Same-sex Marriage in the State of Arizona
In the recent times, homosexuality has become very common. The laws that surround same sex marriages are quite complicated. Over the last 20 years, numerous cases have been filed in the state of Arizona for the rights of same sex couples to get married. These cases have established a domino impact in the legislative changes and the transparency of the debate. In 2006, a proposed constitutional amendment concerning anti-marriage was rejected at a ballot in Arizona (Polikoff 736; Stockland 63). For this reason, the state of Arizona became the first in rejecting an anti-marriage constitutional amendment. Gay marriage has been legalized in Arizona since the 17th October 2014. Initially, statutes banned same sex marriage since the year 1996. It was later made legal, through an amendment of the state constitution that was approved by a majority of votes (Scarpinato para 3).
Same sex marriage
Currently, gay marriage is considered legal in the state of Arizona. The gay rights have been expanded in a direction that many never imagined they would witness in their lifetime (Lengell para 1). As the court decisions in the state of Arizona have overthrown the laws prohibiting gay couples from getting married, the laws of state of Arizona seemed doomed (Smith 20). A federal magistrate in Arizona once ruled that barring same sex marriages was unlawful, though it was not allowed until the attorney general of the state of Arizona declared later on that he would not appeal. Legal professionals state that the future of Arizona law that defines marriages only between a man and a woman is currently sealed. Arizona was among the first states to authorize gay couple’s marriages (Mccombs para 1; Hollander 43).
Presently, the administrators of Arizona county High courts cannot decline a matrimony permit to any alternative suitable licensees on the reasons that the license allows gay marriage. One lawyer in Arizona stated that, at present, the rights of same sex to get married in the country are safe. This is because it is supported by the ninth circuit ruling in other nations as well. The sixth circuit ruling did not clearly specify if same sex marriages are illegal. Instead, the majority supposed that, it was a question best solved through voting other than the courts. The advocates of gay marriages actually began organizing the previous year for a 2016 ballot measure, though their efforts did not advanced much since that time as the focus was placed on a court solution.
Today, gay couples in the state of Arizona are celebrating their newly won right of getting married (NCLR 4). However, their fight for equality under the law is not over yet, for they are still facing potential challenges when it comes to parenting and child adoption, workplace discrimination among other issues. When it comes to terminating their marriages, courts in the state of Arizona mainly consider the duration of marriages, and not the duration of the relationship, when determining spousal upkeep and allowance (Polikoff 737). This at times results in financial heartache for the gay couples who may have been together for a longer period but only agreed to legally get married the last week.
The other states that have authorized gay marriages have introduced common law tests assessing commitments that couples made at various stages of their relationships as well as when they legally got married. The lawyers in Arizona may do something such as this. The state of Arizona is not among the thirty states with laws that prohibit discrimination with respect to sexual orientation, possibly leaving them susceptible to workplace discrimination. In terms of decisions concerning health and death, gay couples who get married in the state of Arizona cannot do anything special to claim the rights that have been opposite sex couples have been granted, which includes having the authority of making health care and death verdicts for a spouse. On the other hand opponents of same sex marriage, including Governor Jan Brewer as well as the catholic bishops in the state of Arizona have criticized the decision of legalizing gay marriages (Abc15.com staff para 2).
The issue concerning gay couple’s marriage has been causing so much tension. Nearly, over the past 8 months, Brewer banned the bill that could have permitted religious beliefs to be a protection against the claims of discrimination (Associated press para 1). Critics referred to it as an attack on gay couples and that it could permit any law concerning gay couple marriages to be broken in the name of religious liberty (McKinley para 2). This proposal brought about a national debate and organizations including Apple Inc as well as the American Airlines supported Brewer’s veto(Associated press para 6). Conversely, Home stated that, he had done all he could trying to defend the bar and that further backbiting would waste taxpayer’s money. The possibility of the ninth circuit overturning the current District court verdict is Zero.
The Federal court verdict prohibits Arizona officials from putting into effect the 1996 state law and the 2008 voter accepted constitutional amendments that banned same sex marriage(Associated press para 18). Lawyers that were challenging the bar argued that the state law infringed equal right protection as well as the due process rights and unjustly deprived of their clients the advantages of marriage like the capability of making medical decisions. Attorneys that represented the state struggled to maintain the description of marriage as a unification between a man and a woman. Moreover, that voters and the legislators enacted the prohibition for protecting their right to describe marriage for themselves (Associated press para 10).
Among the very first gay couples to legalize their relationship included Karen Bailey and Nelda Majors, who were petitioners in one of the cases that disputed Arizona’s law. They had been together for a period of fifty seven years and for a long time they felt it was important that they kept their relationship a secrete ( Rau & Pitzl Para 14). One of the lawyers in the 2 cases that challenged Arizona’s bar also celebrated the historic development concerning the legalization of gay marriages. The gay couples from the state of Arizona courageously defended the right of equality for themselves. The lawyers in Arizona that advocate for gay marriages feel that permitting their clients to wed causes no mischief to couples of the opposite sex or any other person (Smith 9).
The very first gay couples to obtain a marriage license after the legalization of gay marriage, said that, initially they were forced to hide their identity for fright of job favoritism. They felt awful because they were so proud of their relationship yet they could not take any chances. They stressed on the fact that, it was not all about the gender of an individual, but about whom you love. Cases challenging Arizona’s gay sex prohibition has been circulating through the lawful course for quite some time, but the recent development ended the issue. The state is part of the San Francisco based circuit (Smith 9). However before, granting that the verdict applied to the country’s matrimony law, a lawyer named Horrne sought a suggestion from the federal court justice of Arizona that listening to the two lawsuits that particularly challenged it.
The alliance that protects liberty has become the lawful power that defend much of the conventional law passed by the Arizona legislature that includes the traditional description of marriage. The Catholic bishops in the state of Arizona insist on affirming the truth concerning marriages and its advantages for the society. According to them, it is their eager wish that the Supreme Court will ultimately consider the concern of matrimony in future. With the current rulings, the courts have disenchanted the will of the citizens and as a result convince the authority of the state to normalize and defend their laws.
Today, gay couple marriage is considered legal in the state of Arizona. The state has extended rights of the gays, in terms of their relationship status. Arizona was among the first states to authorize gay couple’s marriages. Presently, the administrators of Arizona county High courts cannot decline a marriage permit to the alternative suitable licensees on the reasons that the license allows gay marriage.
Associated press. Arizona Gove. Jan Brewer votoes ‘anti-gay’ bill. N.d. Web 26 February 2014.
NCLR. Marriage, Domestic Partnership and civil unions: same sex couples within the United States. Sept. 2013: 1-27. Academic Search Premier. 2015. Web.
Polikoff, Nancy D. “Two Parts of the Landscape of Family in America: Maintaining Both Spousal and Domestic Partner Employee Benefits for Both Same-Sex and Different-Sex Couples.” Fordham L. Rev. 81 (2012): 735.
Rau, Beard & Pitzl, Mary. First gay marriages performed in Arizona. N.d. Web. 18 October 2014.
Smith, Alison M. “Same-Sex Marriages: Legal Issues.” CRS Report for congress, 2012. Print
Lengell, Sean. Gay marriage now legal in Arizona. N.d. Web. 17 October 2014.
McKinley, Jesse, and Laurie Goodstein New York Times, News Service. “Arizona, Florida also Ban Gay Marriages.” Deseret News. Nov 06 2008. ProQuest. 14 Apr. 2015 .
Abc15.com staff. Arizona leaders, groups react to historic ruling on gay marriage. N.d. Web. 17 October 2014.
Mccombs, Brady. “Ban on Gay Marriage Trails, but some Mail Votes Aren’t in.” Arizona Daily Star Nov 08 2006: A15. ProQuest. 14 Apr. 2015
Scarpinato, Daniel. “Ban on Gay Unions Solidly Supported in most of Arizona.” Arizona Daily Star Nov 05 2008 ProQuest. 14 Apr. 2015.
Hollander, Barbara G. Marriage Rights and Gay Rights: Interpreting the Constitution. 2014. Internet resource.
Stockland, Patricia M. Same-sex Marriage. Edina, Minn: ABDO Pub. Co, 2008. Print.