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Prenuptial Agreement, Legal Forms - Arizona Becomes Site of Next Same-Sex “Marriage” Challenge

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Arizona Becomes Site of Next Same-Sex “Marriage” Challenge.


Two men in Phoenix, Arizona filed suit July 7 demanding a state Marriage license. The couple says they have cohabited for over five years, but “want to be married first” before adopting children. One of the men also noted that he “used to think Marriage was just a piece of paper. I thought that until I grew up and realized our true and Legal rights.”
 
Because Arizona currently has a defense of Marriage act, the couple has challenged its constitutionality under both the Arizona constitution and U.S. constitution. The couple is also arguing that the recent decision from the U.S. Supreme Court finding a right of privacy of engage in sodomy also entitles them to Marriage recognition from the state.
 
Arizona Senator Mark Anderson has filed to intervene in the case, arguing in support of the male-female Marriage laws. Attorney Jordan Lorence of the Alliance Defense Fund which represents Senator Anderson said of the couple’s Legal argument, “They've really overstated the significance of [the recent Supreme Court] decision. The court only found a liberty interest protected by the Due Process Clause for consensual sodomy by adults alone in private. There's nothing more to it. The right to sodomy is not the right to ‘marry.’ The majority opinion in Lawrence clearly stated that the case ‘did not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter.’ The reasoning of Lawrence shows that the Court did not invalidate Marriage laws when it invalidated criminal sodomy statutes.”
 
Sources: Connie Cone Sexton, “Gay couple sue county state to wed,” The Arizona Republic, July 15, 2003; Press Release, “Motion to Intervene Filed in Same-sex Marriage Lawsuit,” Alliance Defense Fund, July 22, 2003.
 
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