Same-sex marriage has been legally recognized in the US state of Arizona since October 17, 2014. The state has rejected marriage rights for same-sex couples by law since 1996 and by amendments to the State Constitution approved by voters in 2008. Two demands the law in federal courts challenging state policy ended with the decision that the ban was unconstitutional and the state did not appeal against the ruling.
Prior to the court verdict, some cities and towns of Arizona provided civil unions or domestic partnerships for same-sex couples.
Video Same-sex marriage in Arizona
Pernikahan sesama jenis
Statute
In 1975, the Arizona State Legislature passed an emergency bill defining marriage as a union between a man and a woman after the Arizona Supreme Court annulled the same-sex marriage license granted to the couple.
In 1996, Arizona state legislators passed a same-sex marriage ban and the same-sex marriage recognition conducted outside the state. Republican governor Fife Symington, whose victory in the 1994 election was based on a campaign against his opposition to same-sex marriage, signed the bill into law.
Constitution
Voters Arizona has twice considered an amendment to the State Constitution that would deny marital rights to same-sex couples. On November 7, 2006, voters defeated Proposition 107, a state embarking on a constitutional amendment that would prohibit same-sex marriage and any legal status similar to marriage, by a margin of 48.2% to 51.8%, departed from a national trend that saw seven other countries agree on a similar constitutional amendment on the same day.
On May 12, 2008, the Arizona House of Representatives voted 33 to 25 in favor of Proposition 102, a constitutional amendment defining a legal marriage in Arizona as a union of one man and one woman. On June 25, 2008, the Arizona State Senate, with a vote of 14 to 11, escaped the amendment. On November 4, 2008, Arizona voters passed Proposition 102 with a 56.2% vote in favor of 43.8% against.
On June 17, 2013, Equal Marriage Arizona proposed an initiative to present voters with an amendment that would replace the gender-neutral definition of marriage in place added to the State Constitution in 2008. Need to collect 259,213 valid signatures on July 3, 2014, to have initiative appeared in the November ballot. The group terminated its efforts in September 2013, announcing that "LGBT advocacy groups in the state and nationally announced they will not support them behind the initiative, without which they can not." Other groups argue that 2016, the year of presidential elections, will prove a better opportunity.
federal court
There are two lawsuits related to the recognition of same-sex marriage in the US District Court for the District of Arizona. Both were consolidated by US District Judge John W. Sedwick, who decided to support the right to same-sex marriage:
Connolly v. Roche
On January 6, 2014, at Connolly v. Roche , initially Connolly v. Brewer and then Connolly v. Jeanes , four same-sex couples filed a class action lawsuit in a district court that sought to have an unconstitutional Arizona definition of marriage. Two of the plaintiffs were married in California and two of them adopted children through a public upbringing system in Arizona. The altered complaint was referred to as the three court clerks acting in their official capacity and adding two couples from the Flagstaff area and one pair from the Tucson area for a total of seven couples.
Department v. Horne
On March 13, Lambda Legal filed suit in the same court on behalf of seven same-sex couples and a widow and widower, each surviving spouse of same-sex couples. Some are parents of small children and mostly married in other countries, including California, Iowa, Minnesota, New Mexico, New York, and Washington. The case is Major v. Horne . On September 12, US District Judge John Sedgwick ordered the state to record a death certificate for plaintiff George Martinez as husband of Fred McQuire.
District court ruling in both cases
On October 17, 2014, US District Judge John W. Sedwick, ruling in both cases, declared Arizona's ban on same-sex marriage, unconstitutional and ordered the state from enforcing its ban, effective immediately. Arizona Attorney General Tom Horne said the state would not appeal to the authorities and order regional clerks to issue marriage papers to same-sex couples.
Appeal
On November 18, Arizona announced it would appeal the decision of the district court to the Ninth Circuit Court of Appeals. State attorney Robert Ellman said the country hopes to avoid paying the original plaintiffs 'lawyers' fees if the US Supreme Court upholds same-sex marriage ban. On December 1, all parties requested the court to delay pending proceedings by the US Supreme Court in a similar case from the Sixth Circuit Court of Appeals. The Ninth Circuit approved the request the next day, delaying the process until March 25, 2015.
Both appeals are rejected in September and December 2015, respectively. The state is ordered to pay $ 200,000 in case of Connolly and $ 300,000 in case of Major in attorney's fees for the plaintiff.
Country court
Beatie v. Beatie
On August 13, 2014, the Arizona High Court Division ruled that a constitutional ban and Arizona law on same-sex marriage did not prevent a court from granting a divorce in cases where one spouse was a transgender individual and had married in a jurisdiction that had admitted their marriage as consisting of one man's and one woman's union.
Public opinion
Maps Same-sex marriage in Arizona
Domestic partnerships and civil unions
There have been proposals to promote voter initiatives to legalize civil unions by civilian groups, including one British gay rights activist. Polls have shown that the size that creates state-of-state statewide status will have a high probability share. In 2010, Equality Arizona, which opposes a "separate-but-equal" status, announces that they are considering other ways to respond to Arizona's Proposition 102 section.
Employee benefits country
Arizona began to provide benefits to same-state counterparts in 2008. A 2009 law makes domestic partners of state employees ineligible for health benefits, but a group of state employees in same-sex relations persuaded the federal District Court to issue prevention laws coming into effect. The law and order are the subject of the lawsuit, Diaz v. Brewer . The Ninth Circuit affirms that order and the Supreme Court rejected certiorari on 27 June 2013. The Ninth Circuit declared the lawsuit as a class action lawsuit in December 2013, allowing the order to cover all the same pairs.
Local civil union
On June 4, 2013, Bisbee City Council approved a regulation that legalized civil unions for same-sex couples; it is valid 30 days later. On June 19, 2013, the Tucson City Council unanimously approved the rules of the civil union. On July 5, the first civil union was founded in Bisbee.
Councils from several towns and cities follow Bisbee and Tucson in adopting civil union rules: Jerome on July 30, Sedona on September 24, Clarkdale on November 12 and Cottonwood on December 17. A proposal for such a regulation failed at Camp Verde in February. 2014.
Local domestic partnerships
The cities of Flagstaff, Phoenix, Scottsdale, Tempe, and Tucson, along with Pima County offer domestic partnerships. The city of Mesa recognizes domestic partners of city employees as long as they "have executed a domestic partner who expressed his satisfaction with [the city]."
See also
- LGBT Rights in Arizona
- same-sex marriage in the United States
References
Source of the article : Wikipedia
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