| Arizona
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State Information
Government Website:
http://www.az.gov/webapp/portal/subtopic.jsp?id=1222&name=Arizona+Government&parentID=1165
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Outline of State Law
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| Current Status of Law Concerning Marriage and Date of Passage |
1996 - State Law Passed |
| State Law Prohibits/Voids Same Sex/Same Gender Marriage |
yes |
| State Law Defines Marriage between a Man and a Woman |
no |
| State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States |
yes |
| State Law States that Same Sex Marriage is not Aligned with State Public Policy |
no |
| State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife |
no |
Statutory Provision
Arizona Revised Statutes title 25, §101(c): Void and prohibited marriages.
Marriage between persons of the same sex is void and prohibited.
Arizona Revised Statutes title 25, §112. Marriages contracted in another state; validity and effect
A. Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101.
B. Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state, except marriages that are void and prohibited by section 25-101.
C. Parties residing in this state may not evade the laws of this state relating to marriage by going to another state or country for solemnization of the marriage.
Current Legislative Activity
On November 7, 2006 Arizona voted on a state Constitutional marriage amendment defining marriage as between a man and a woman. On Tuesday night, the ballot initiative fell short: 527,492 (48.6%) in favor, 558,681 (51.4%) opposed.
The text of the amendment was:
ARTICLE XXX. MARRIAGE
To preserve and protect marriage in this state, only a union between one man and woman shall be valid or recognized as a marriage by this state or its political subdivisions and no legal status for unmarried persons shall be created or recognized by this state or its political subdivisions that is similar to that of marriage.
It appeared on the ballot as:
Proposition 107
Proposed amendment to the Arizona Constitution by the initiative relating to marriage
A "yes" vote shall have the effect of amending the Constitution to require that only a union between one man and one woman shall be valid or recognized as a marriage by the state and its political subdivisions and prohibiting the creation or recognition of legal status similar to marriage for unmarried persons by the state or its political subdivisions.
A "no" vote shall have the effect of retaining the current laws regarding marriage, including a statutory ban on same-sex marriage.
Current Initiative Activity
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U.S. Senators
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Jon Kyl, Republican
http://kyl.senate.gov/
This senator voted for the federal DOMA in 1996 and for the Marriage Protection Amendment in 2004 and 2006.
John McCain, Republican
http://mccain.senate.gov/
This senator voted for the federal DOMA in 1996, but against the Marriage Protection Amendment in 2004 and 2006.
State Public Policy Organizations Working on Marriage Issues
Center for Arizona Policy
Protect Marriage Arizona
Click here to return to the Marriage in the 50 States main page.
