By Luige del Puerto | Arizona Capitol Times
Upping the ante, a second challenge to Arizona’s laws banning same-sex marriage was filed in a federal district court in Phoenix on Wednesday, arguing that the ban violates the U.S. Constitution’s mandate of equality and is akin to anti-miscegenation laws.
In a 42-page complaint, seven same-sex couples, including five who were married in other states, and two gay individuals whose names were denied on their spouses’ death certificates, argue that the Arizona ban on gay marriage violates the equal protection and due process guarantees of the U.S. Constitution.
The complaint argues that, by maintaining the ban, the state “sends a purposeful message that [it] views lesbians and gay men and their children as second-class members of society” and that gays don’t deserve the legal protections afforded to heterosexual couples.
Statement by Kaine Fisher: “This is the second of many lawsuits I presume. The states are falling like dominoes. It’s only a matter of time before same-sex couples are afforded equal protection under the laws of this state.”
If you’d like to discuss family law, contact with Kaine Fisher, Chairman of Rose Law Group Family Law Department, kfisher@roselawgroup.com.