Standhardt v. Superior Court (Arizona)
Standhardt v. Superior Court
Case No. 1 CA SA-03-0150 (Ariz. Ct. App.)
Two men in Phoenix, Arizona filed suit July 7, 2003, demanding a state marriage license. 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 filed to intervene in the case on July 21, arguing in support of the male-female marriage laws. The motion to intervene was denied, and Senator Anderson was granted leave to file an amicus curiae brief in the case. The Alliance Defense Fund represents Senator Anderson.
Following a hearing on August 19, 2003, the Court of Appeals accepted jurisdiction in the case.
On October 8, 2003, the Arizona Court of Appeals denied the plaintiffs' claim for a marriage license, affirming the constitutionality of the Arizona Defense of Marriage Act (Ariz. Rev. Stat. § 25-101). The decision is particularly significant as it is the first marriage case to address arguments based on the recent Supreme Court decision in Lawrence v. Texas.
Case Materials
Complaint (2.12mb)
State's Response (1.69mb)
Plaintiff's Reply Brief (934kb)
Legislator's Motion to Intervene (14kb)
Legislator's Memo in Support of Intervention (25kb)
Legislator's Reply Brief in Support (16kb)
Legislator's Response in Intervention (1.93mb)
AzCLU Amicus Brief (186kb)
Court of Appeals Decision (182kb)
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