Why Protect Marriage in the AZ Constitution?

May 27, 2008 by  

Prop. 102 – This is the voter initiative that will let Arizona voters decide in November whether marriage should be defined as one man and one woman. Here is the proposed ballot language:

“Only a union of one man and one woman shall be valid or recognized as a marriage in this state.”

Inquiring minds want to know:

Why is this action necessary when there is a DOMA (Defense of Marriage Act) in place in Arizona?

  • The recent California Supreme Court decision serves as a timely example of the need for an amendment to the Arizona Constitution – unelected judges may, at any time, overturn state statute defining marriage as the union of one man and one woman.
  • All it will take is a subsequent challenge to Arizona law and another court may overturn our DOMA and prior court ruling. Who should decide the definition of marriage? The courts or the voters?
  • The truth is that the previous ruling on marriage was made by the appellate court that sits in Phoenix. Nothing prevents a different outcome from the appellate court in Tucson, nor does the previous ruling in any way bind the Arizona Supreme Court or a future legislature from changing marriage laws.
  • The “unnecessary” argument is a thinly veiled ploy to leave marriage vulnerable to judicial and legislative attack.

What is the big deal about defining marriage?

In court cases throughout our nation, we are seeing that “sexual liberty” is trumping religious liberty.

The grave threat to religious freedom posed by these decisions is only worsened by court rulings like the California decision in May 2008. Furthermore, there is no residency requirement in California to marry, so couples may visit the state to marry, return to their home states to challenge their state’s marriage laws in court.

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