Arizona Equality Official Website tracking the progress of the complaint
filed against the State of Arizona on January 6, 2014,
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Suit filed to allow same-sex marriages in Arizona


AZ Family TV3

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Jared Dillingham of 3TV writes, "PHOENIX (AP) -- Four couples have filed a class-action lawsuit seeking to make same-sex marriage legal in Arizona.

The suit filed Monday claims a voter-approved ban on gay marriage is unconstitutional. It seeks to allow same-sex couples to be married and recognize same-sex marriages conducted in other states.

"I think most people expect that this issue will eventually be decided by the U.S. Supreme Court," said attorney Shawn Aiken, who filed the suit.

"It would make our lives better and simpler and easier," plaintiff Mason Hite told 3TV.

Hite and his husband, Chris Devine, were married in California, but have lived together in Phoenix for more than a decade.

They fostered several children, and adopted a son, Ricky, who is now 8 years old.   Their section of the lawsuit focuses on Ricky.

Arizona law strongly favors heterosexual adoptions, and allows for only husband-and-wife couples to jointly adopt.   The men say they were forced to choose one to be Ricky's "legal" father.   Mason Hite is Ricky's "legal" father, but he and Chris Devine share parenting equally.

They call Arizona law discriminatory, and say it makes it difficult or complicated for Devine to sign permission slips, pick Ricky up from school, take him to medical appointments, and travel with him.

Devine also worries Ricky would not be eligible for his survivor death benefits.

"Winning this lawsuit would cut all that red tape," Hite said.

 The suit names Gov. Jan Brewer and Attorney General Tom Horne among the defendants. There was no immediate response Monday night from either Brewer's or Horne's offices.

 The lawsuit claims certain rights and benefits are denied to gay couples because Arizona doesn't recognize their marriages.

 Aiken said the suit involves three male couples and one female couple. All are long-time Arizona residents and two of the couples have adopted children, he said.

 According to Aiken, there are about 25 lawsuits filed in 15 states that are seeking the legalization of gay marriage.

Should the plaintiffs win the case, Arizona would become the 19th state to recognize same-sex marriages.

New Mexico and Utah legalized gay marriage last month. However, the U.S. Supreme Court put a hold on same-sex marriage in Utah on Monday."

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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.


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