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Wednesday, October 08, 2003

NO RIGHT TO GAY MARRIAGE, SAYS AZ COURT: Alliance Defense Fund

[A newsflash from the Alliance Defense Fund on the Arizona case. More news from major media tomorrow I am sure. Anybody have the HRC press release on this one? Excerpt below, press release HERE.]

"Victory for marriage in Arizona!

PHOENIX, AZ --In the first state court decision on homosexual marriage following Lawrence v. Texas, the Arizona Court of Appeals soundly rejected the attempt of two homosexuals to gain lawful status as "married" spouses under Arizona regulations.

The court refused to engage in judicial activism; instead it recognized the Arizona legislature's right to define marriage as between one man and one woman. Judge Timmer wrote: "Neither the United States Supreme Court nor any Arizona court has recognized that the fundamental right to marry includes the freedom to choose a same-sex spouse."

The court held there was a reasonable link between traditional heterosexual marriage, procreation, and child-rearing: "The history of the law's treatment of marriage as an institution involving one man and one woman, together with recent, explicit reaffirmations of that view, lead invariably to the conclusion that the right to enter a same-sex marriage is not a fundamental liberty interest protected by due process."

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