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The court has spoken: Arizona voters should have say on marriage amendment

Maricopa County Superior Court Judge dismisses attempt to derail marriage protection amendment
Thursday, August 10, 2006, 11:48 AM (MST) |
ADF Media Relations | 480-444-0020


PHOENIX — A Maricopa County Superior Court judge today ruled against opponents of a proposed constitutional amendment affirming marriage as the union of one man and one woman.  The judge found that the amendment did not violate the Arizona Constitution’s “single subject” rule, thwarting an attempt to prevent Arizona voters from having a say on the amendment at the polls in November.

“The judge understood that this amendment is a clear, straightforward proposition with one purpose:  protecting marriage,” said ADF Senior Counsel Glen Lavy.  “This was just another desperate attempt to evade the democratic process by those who advocate redefining marriage.  Every time this issue has been presented to the voters, it has passed overwhelmingly, by an average of 70 percent.  We are confident that we will see a similar result in Arizona, and we are prepared to defend any appeal of today’s decision.”

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Lavy and Peter Gentala, general counsel for The Center for Arizona Policy, represent Protect Marriage Arizona, the organization that collected the signatures to have the amendment placed on the November ballot.

In the ruling issued today, the court wrote, “The court finds the two clauses of the proposed amendment have but one purpose, the protection of marriage by preventing redefinition and extension of official status to marriage substitutes.”

The full text of the ruling from the Maricopa County Superior Court in Arizona Together v. Brewer can be read at www.telladf.org/UserDocs/BrewerOpinion.pdf.

Unanimous supreme courts in Louisiana (www.telladf.org/news/story.aspx?cid=3297), Georgia (www.telladf.org/news/story.aspx?cid=3793), Colorado, Florida, and Massachusetts have come to similar conclusions in decisions upholding the constitutionality of marriage amendments in those states.

ADF and its allies have recently been victorious in other legal battles involving marriage in New York, Washington, Connecticut, Nebraska, Tennessee, Georgia, and Massachusetts.  For more information on the battle to protect marriage, visit www.domawatch.org.

ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.

www.domawatch.org    www.telladf.org


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