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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Gay Couples Can't Have Biologically Create Children Therefore...

Judge Sedwich
US District Court Judge John Sedwick

The very strange argument put forth by the State of Arizona's lawyers are saying, “namely the natural capacity to create children and to provide those children with their biological mother and biological father.”

What about the marriages of senior citizens and straight couples that can't biologically have children, etc.   Is the State of Arizona going to tear up and void these marriages also?


Howard Fischer from the Capitol Media Services writes in the Arizona Daily Sun on September 9, 2014, "An attorney for the state told a federal judge here late Monday it’s “unfortunate” — but not illegal — that Arizona will not recognize a man legally married in California as his husband’s legal survivor.

Byron Babione, a lawyer for Alliance Defending Freedom, said Arizona voters were legally entitled to define marriage as solely between one man and one woman because they have something gay couples do not, “namely the natural capacity to create children and to provide those children with their biological mother and biological father.”

Babione, appointed a special assistant by Attorney General Tom Horne to defend the 2008 constitutional amendment, also said while states are supposed to recognize each other’s legal contracts, that does not extend to contracts of marriage. And he said Fred McQuire, whose husband died last month in Tucson, is not the victim of discrimination.

“By declining to recognize plaintiff’s California marriage license, the state has not treated him differently than any man-woman couple who sought to evade Arizona’s marriage law by marrying in another state,” Babione wrote. “The state prohibits all persons residing in this state from evading the laws of this state relating to marriage by going to another state or country for solemnization of the marriage.”..."


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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