Arizona

Statutes

Void and prohibited marriages

A. Marriage between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins, is prohibited and void.
B. Notwithstanding subsection A, first cousins may marry if both are sixty- five years of age or older or if one or both first cousins are under sixty-five years of age, upon approval of any superior court judge in the state if proof has been presented to the judge that one of the cousins is unable to reproduce.
C. Marriage between persons of the same sex is void and prohibited.

Ariz. Rev. Stat. Ann. § 25-101

Marriages contracted in another state; validity and effect

A.  Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by Section 25-101.

B.  Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state, except marriages that are void and prohibited by Section 25-101.

C.  Parties residing in this state may not evade the laws of this state relating to marriage by going to another state or country for solemnizing of the marriage.

Arizona Revised Statutes Section 25-112.

Legislative Activity

A proposed constitutional amendment to define marriage between a man and a woman failed, along with a proposed non-binding resolution to urge Congress to pass the Federal Marriage Amendment. 

Litigation

Standhardt v Superior Court of 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)

Websites

Arizona Government Webpage
Center for Arizona Policy