poetics, time, body disruption and marginally queer solutions

Wednesday, May 26, 2004

Arizona high court upholds same-sex marriage ban
The Arizona supreme court on Tuesday left intact the state's ban on same-sex marriages as the justices turned away a gay couple's appeal challenging the law. By not hearing the appeal, the justices without comment let stand a court of appeals ruling that upheld the ban. The couple's appeal argued that the ban on same-sex marriages discriminates against gay couples and their children, violating the Arizona constitution. Don Standhardt and Tod Keltner of Phoenix asked the supreme court on December 8 to review the appeals court decision upholding Arizona's 1996 state law prohibiting same-sex marriage. On Tuesday, Standhardt said he was disappointed by the court's decision against hearing the couple's appeal. "With it being a pressing civil rights issue here, we thought they would see the injustice in the law being what it is."

The couple's lawyer did not immediately return a call for comment, but Standhardt said the couple might have recourse in federal courts. However, a lawyer for a conservative group that filed a legal brief supporting the ban said the couple's appeal was based on state constitutional law, so there would be no grounds to appeal in federal courts. "As far as I know, this was decided under state law, and this is where it ends for Arizona," said Gary McCaleb of the Alliance Defense Fund. "The [Court of Appeals] ruling reflects well-established law."


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