by Eric Jay Toll | Phoenix Business Journal
A new law proposed by 13 co-sponsors will put marriage equality into Arizona lawbooks – provided voters repeal the unconstitutional 2008 voter-enacted amendment. House Bill 2117 repeals a 1996 statute banning same-sex marriage.
The legislative-passed language was bolstered by Proposition 102, which amended the state constitution to define marriage as a union between one man and one woman.
The conundrum is that voters changed the Arizona constitution and the constitution requires a people’s vote to be changed. Kaine Fisher, partner and director of Family Law for the Rose Law Group, says that the state statute can’t become effective unless voters reverse their position on marriage equality.