Last edited: November 15, 2003

‘Razing’ Arizona

Family Research Council, July 22, 2003

By Colin Stewart, Executive Vice President

The first fallout from last month’s Supreme Court decision striking down Texas’s anti-sodomy law is being felt in Arizona. Two homosexual men have filed a special action in the Arizona Court of Appeals seeking to have the Grand Canyon State’s law struck down that defines marriage as the union of one man and one woman. The special action requires the court to expedite its ruling. Unfortunately, the appeals court retained jurisdiction and scheduled oral arguments, so the case is on the fast track. The plaintiffs claim that last month’s Supreme Court decision held that homosexuals have a “privacy” right to marriage. This is exactly what Justice Antonin Scalia warned against in his ringing dissent. The Arizona case joins similar court actions in Massachusetts and New Jersey seeking to radically redefine marriage by allowing men to marry men and women to marry women. The Alliance Defense Fund (ADF), FRC’s partner in an amicus brief filing in the Texas case, has intervened on behalf of Arizona’s marriage statute. ADF argues, correctly, that the plaintiffs vastly exaggerate the significance of last month’s privacy ruling and notes the Supreme Court repeatedly has upheld marriage as the union of one man and one woman. The Arizona court should decline to stretch the U.S. Supreme Court’s ruling far beyond what was intended by invalidating the state’s marriage laws. Such an action would transform the court into a despotic, rogue branch of government.

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