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Federal Judge Overturns Arizona's Ban On Same-Sex Marriage

KNAU/Justin Regan

A federal judge in Phoenix today overturned Arizona's ban on same-sex marriage on grounds that it was unconstitutional. The ruling now clears the way for legal unions between same-sex couples.

Judge John Sedwick's ruling prohibits state officials from enforcing a 1996 state law and a 2008 voter-approved constitutional amendment outlawing same sex marriage. The ruling stems from a federal lawsuit against the ban filed last year by at least 7 same-sex couples and surviving spouses in Arizona. Mik Jordahl is a Flagstaff-based attorney representing the group. He says, "Everyone is just ecstatic, and they feel like it was a total victory for them and a vindication. They've been so patient, waiting for this type of moment where society can legitimate their relationships and give them the status of a first-class citizen instead of a second-class citizen."

Credit KNAU/Justin Regan
Abigail Marina Ortiz and Erika Alvarez after their wedding at the courthouse in Flagstaff.

At a press conference following the ruling, State Attorney General Tom Horne said he would not file an appeal because it would be an unnecessary expense to taxpayers. Governor Jan Brewer released a statement in which she called Judge Sedwick's decision "disappointing" and "troubling" because it gives judges the power to dictate state law.

Attorneys for the group challenging Arizona's marriage ban say they've uncovered more than 1,000 laws that discriminate against gay people in terms of their marital status, including tax, benefits, and adoption laws. They say each law will have to be looked at in order to make sure same-sex spouses are given the same rights as straight spouses.

County clerks offices statewide report that hundreds of same-sex couples are obtaining marriage licenses and having civil ceremonies.

Gillian Ferris was the News Director and Managing Editor for KNAU.