Statute[ edit ] In , the Arizona State Legislature passed an emergency bill defining marriage as a union between a man and a woman after the Arizona Supreme Court invalidated a same-sex marriage license granted to a couple. Republican Governor Fife Symington , whose victory in the election was based in part on campaigning against his opponent's support of same-sex marriage,  signed the bill into law. On November 7, , voters defeated Proposition , a state initiated constitutional amendment that would have banned same-sex marriage and any legal status similar to marriage, by a margin of On June 25, , the Arizona State Senate, by a vote of 14 to 11 in favor, passed the amendment.
On November 4, , Arizona voters passed Proposition by a vote of It needed to gather , valid signatures by July 3, , to have the initiative appear on that November's ballot. Without their help, we aren't able to do it. District Court for the District of Arizona. Both were consolidated by U. District Judge John W.
Sedwick , who ruled in favour of a right to same-sex marriage: Roche[ edit ] On January 6, , in Connolly v. Roche, originally Connolly v. Brewer and later Connolly v. Jeanes, four same-sex couples filed a class-action lawsuit in district court seeking to have Arizona's definition of marriage ruled unconstitutional. Two of the plaintiff couples were married in California and two have adopted children through Arizona's public foster-care system.
The amended complaint named as defendants three county court clerks acting in their official capacities and added two couples from the Flagstaff area and one couple from the Tucson area for a total of seven couples. Horne[ edit ] On March 13, Lambda Legal filed a suit in the same court on behalf of seven same-sex couples and a widow and a widower, each the surviving spouse of a same-sex couple.
Several are the parents of minor children and most married in other states, including California, Iowa , Minnesota , New Mexico , New York , and Washington. The case was Majors v. Sedwick , ruling in both cases, declared Arizona's ban on same-sex marriage unconstitutional and enjoined the state from enforcing its ban, effective immediately.
Arizona Attorney General Tom Horne said the state would not appeal the ruling and instructed county clerks to issue marriage licenses to same-sex couples. The state solicitor, Robert Ellman, said the state hoped to avoid paying the original plaintiffs' attorneys fees should the U. Supreme Court uphold bans on same-sex marriage. Beatie[ edit ] On August 13, , Division One of the Arizona Court of Appeals ruled that Arizona's constitutional and statutory bans on same-sex marriage did not prevent the trial court from granting a divorce in a case in which one of the spouses was a transgender individual and had been married in a jurisdiction which had recognized their marriage as consisting of the union of one man and one woman.