Arizona Equality Official Website tracking the progress of the complaint
filed against the State of Arizona on January 6, 2014,
for Marriage Equality.

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Marriage equality suit filed in Arizona


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Three-hundred-and-sixty miles away from the conservative stronghold of Utah – where the U.S. Supreme Court left in legal limbo hundreds of same-sex marriages on Monday – four gay couples in Arizona began the courtroom battle of changing another red state’s marriage laws.

In a federal class-action lawsuit filed Monday, plaintiffs argue Arizona’s 17-year-old ban on same-sex marriage violates gay couples’ constitutional rights to equal protection and due process under the 14th Amendment.

The case is one of dozens of suits filed across more than 15 states against laws prohibiting gay couples from marrying, and one of the first federal challenges in the 9th Circuit since the U.S. Supreme Court cleared the way for federal agencies to begin recognizing same-sex marriages. That case, United States v. Windsor, which gutted the federal Defense of Marriage Act (DOMA,) as well as two more landmark decisions, Loving v. Virginia, which struck down bans on interracial marriage, and Lawrence v. Texas, which invalidated anti-sodomy laws, all play significant roles in the Arizona complaint. Its language also reflects what marriage equality advocates and opponents alike believe to be inevitable–that the nation’s highest court will soon have to answer the question of whether any ban on same-sex marriage falls in line with the U.S. Constitution.

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Same-Sex Marriage and ChildrenSame-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called "responsible procreation" and child welfare. Carlos A. Ball places the current marriage debates within a broader historical context by exploring how the procreative and child welfare claims used to try to deny same-sex couples the opportunity to marry are similar to earlier arguments used to defend interracial marriage bans, laws prohibiting disabled individuals from marrying, and the differential treatment of children born out of wedlock. Ball also draws a link between welfare reform and same-sex marriage bans by explaining how conservative proponents have defended both based on the need for the government to promote responsible procreation among heterosexuals. 

In addition, Ball examines the social science studies relied on by opponents of same-sex marriage and explains in a highly engaging and accessible way why they do not support the contention that biological status and parental gender matter when it comes to parenting. He also explores the relevance of the social science studies on the children of lesbians and gay men to the question of whether same-sex couples have a constitutional right to marry. In doing so, the book looks closely at the gay marriage cases that recently reached the Supreme Court and explains why the constitutionality of same-sex marriage bans cannot be defended on the basis that maintaining marriage as an exclusively heterosexual institution helps to promote the best interests of children. Same-Sex Marriage and Children will help lawyers, law professors, judges, legislators, social and political scientists, historians, and child welfare officials-as well as general readers interested in matters related to marriage and families-understand the empirical and legal issues behind the intersection of same-sex marriage and children's welfare.


© 2014 Arizona Equality