Arizona Equality Official Website tracking the progress of the complaint
filed against the State of Arizona on January 6, 2014,
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Lawsuit Filed in Arizona Challenges Gay Marriage Ban


The Christian Post

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Katherine Weber, Christian Post Reporter, writes, "Four couples in Arizona filed a class action lawsuit against the state this week, challenging its constitutional ban on same-sex marriage. The arguments employed in the lawsuit reportedly reflect the lawsuit that ultimately overturned Utah's ban on same-sex marriage.

"We are asking for relief on behalf of all married and unmarried same-sex couples in Arizona," attorney Shawn Aiken, who is representing the four same-sex couples in the lawsuit, said in a statement. "Now is the time to take up this issue."

The lawsuit reportedly argues that the Supreme Court's June ruling, which struck down a key provision of the Defense of Marriage Act and thus awarded some federal benefits to same-sex couples, should be reason for Arizona to legalize same-sex marriage. The rationale behind this argument is that same-sex couples receiving federal benefits should also have their union recognized by individual states.

"We're saying, 'Look, follow that rationale and make the same declaration as to the law in Arizona,' " Aiken said, according to the Arizona Republic. "It's that simple."

Those being represented in the recent Arizona lawsuit include Joseph Connolly and Terrel Pochert from Pinal County, Suzanne Cummins and Holly Mitchell of Maricopa County, Clark Rowley and David Chaney of Maricopa County, and Mason Hite and Christopher Devine, also of Maricopa County."

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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