Subject: (AZ) SAME GENDER MARRIAGE BAN PASSES HOUSE
From: [email-masked]
Date: Mon, 15 Apr 1996 02:23:03 -0400

URGENT URGENT URGENT URGENT URGENT

ACTION ALERT ACTION ALERT ACTION ALERT

ARIZONA HUMAN RIGHTS FUND

SAME GENDER MARRIAGE BAN PASSES ARIZONA HOUSE

Arizona Representative Tom Smith has reintroduced legislation that would ban
same-sex unions performed in other states from being legally recognized in
Arizona.  This legislation was introduced in the form of a strike everything
amendment to Senate Bill (SB) 1038.  The amendment passed the House Judiciary
Committee by a vote of 10 YES, 3 NO, and 1 ABSENT on April 10.  SB 1038 (NOW:
Same sex marriages) passed the Arizona House by a vote of 50 YES, 5 NO, and 5
NOT VOTING on April 12.  SB 1038 now heads to the Senate.

BACKGROUND:  A recent Hawaii Supreme Court ruling makes it more likely that
same sex marriages will be legalized in Hawaii sometime in late 1997 or even
into 1998.  The full faith and credit clause of the U.S. Constitution would
require states to recognize such partnerships throughout the country.  In
anticipation of the ruling radical right legislators in 27 states are
attempting to pass bans on same gender marriages.  Utah, Colorado, Idaho, and
South Dakota have already passed bans.  Bans on same gender marriage has
failed or been withdrawn in 12 states.

TALKING POINTS

1.  This legislation is unneeded.  Hawaii has not legalized same gender
marriages.  A final decision in the Hawaii case in over a year away.  Arizona
law currently does not allow same gender marriages.

2.  The bill is unconstitutional.  It violates the Full Faith and Credit
Clause of the United States Constitution which requires states to recognize
the official acts (like marriage) of other states.

3.  This law will most likely end up in court at taxpayer expense.

4.  This bill will invalidate existing marriages in Arizona.  Arizona
currently recognizes marriages between first cousins performed in other
states.  Passage of this bill would void the marriages of many Arizona
couples, each of whom could then sue the state.

ACTION REQUIRED:

1. Call President of the Senate John Greene at (602) 542-4233 and ask him to
hold SB 1038.

2.   Call and/or e-mail the members of the Arizona Senate (especially your
own) and ask them to oppose Senate Bill 1038.

 Name                Dist. Party Email                      Phone
 Gus Arzberger       8     D    [email-masked]  602-542-4321
 Stan Barnes         21    R    [email-masked]   602-542-5288
 Keith A. Bee        9     R    [email-masked]      602-542-5683
 Janice Kay Brewer   19    R    [email-masked]   602-542-4136
 Brenda Burns        17    R    In process...               602-542-3160
 Jim Buster          5     R    In process...               602-542-4139
 Robert Chastain     7     D    [email-masked]  602-542-5685
 Larry Chesley       30    R    [email-masked]  602-542-5325
 Chris Cummiskey     25    D    [email-masked]  602-542-4916
 Ann Day             12    R    [email-masked]      602-542-4326
 Randall Gnant       28    R    [email-masked]    602-542-4138
 Peter Goudinoff     11    D    [email-masked]  602-542-5262
 John Greene         24    R    In process...               602-542-4233
 Bill Hardt          4     D    In process...               602-542-4129
 Mary Hartley        20    D    [email-masked]  602-542-4485
 James Henderson     3     D    [email-masked]  602-542-4323
 John Huppenthal     6     R    [email-masked]  602-542-4178
 John Kaites         16    R    [email-masked]   602-542-5911
 Sandra D. Kennedy   23    D    In process...               602-542-7830
 Patricia Noland     13    R    In process...               602-542-5911
 Tom Patterson       26    R    In process...               602-542-5955
 Lito" Pena          22    D    [email-masked]     602-542-4171
 David Petersen      29    R    [email-masked]  602-542-4481
 Gary Richardson     27    R    [email-masked]  602-542-4124
 Ruth Solomon        14    D    [email-masked]  602-542-5993
 Victor Soltero      10    R    [email-masked]  602-542-5342
 Marc Spitzer        18    R    [email-masked]  602-542-4480
 Carol Springer      1     R    [email-masked]  602-542-5584
 Austin Turner       15    R    [email-masked]   602-542-4173
 John Wettaw         2     R    [email-masked]   602-542-4486

Web pages and e-mail links to members of the Senate can be found at:

http://www.azleg.state.az.us/members/senate.htm

If you are outside of Maricopa County you may call 1-800-352-8404 and they
will connect you with the appropriate Senate office.

If you need to know which legislative district you live in check the back of
your voter card, or call the Senate Information Desk at (602) 542-3559

2.  Call Governor Fife Symington at (602) 542-4331 and ask him to veto SB1038
if it passes. (Note: Governor Symington is currently pushing for the passage
of this bill)

3. Follow up with letters. Letters can be addressed to:

President John Greene
Arizona State Senate
1700 W. Washington
Phoenix, AZ 85007

The Honorable [member name]
Arizona State Senate
1700 W. Washington
Phoenix, AZ  85007

Governor Fife Symington
1700 W. Washington
Phoenix, AZ  85007

or letters can be faxed to (602) 542-3429

NOTE: All calls and letters should be non-confrontational and polite.

The Arizona Legislative Information Service (ALIS) can be found at:

http://www.azleg.state.az.us/

Through ALIS you can access text of bills, floor and committee votes, members
bios, etc.

Status of Senate Bill 1038 "NOW: Same sex marriages" can be found at:

http://www.azleg.state.az.us/legtext/42leg/2r/bills/sb1038o.htm

Here is a copy of the proposed law:

Additions are in CAPITAL letters

Forty-second Legislature
Second Regular Session
JUD

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1038
(Reference to Senate engrossed bill)

Strike everything after the enacting clause, insert:

"Section 1.  Section 25-101, Arizona Revised Statutes, is amended to read:

25-101.  Void and prohibited marriages

A.  Marriage between parents and children, including grandparents and
grandchildren of every degree, between brothers and sisters of the one-half
as well as whole blood, and between uncles and nieces, aunts and nephews and
between first cousins, is prohibited and void.

B.  Notwithstanding subsection A, first cousins may marry if both are
sixty-five years of age or older or if one or both first cousins are under
sixty-five years of age, upon approval of any superior court judge in the
state if proof has been presented to the judge that one of the cousins is
unable to reproduce.

C.  MARRIAGE BETWEEN PERSONS OF THE SAME SEX IS PROHIBITED

Sec. 2.  Section 25-112, Arizona Revised Statutes, is amended to read:

25-112.  Marriages contracted in another state; validity and effect

A.  Marriages valid by the laws of the place where contracted are valid in
this state, EXCEPT MARRIAGES THAT ARE VOID OR PROHIBITED BY SECTION 25-101.

B.  Marriages solemnized in another state or country by parties intending at
the time to reside in this state shall have the same legal consequences and
effect as if solemnized in this state, EXCEPT MARRIAGES THAT ARE VOID OR
PROHIBITED BY SECTION 25-101.

C.  Parties residing in this state may not evade the laws of this state
relating to marriage by going to another state or country for solemnization
of the marriage"

Amend title to conform

TOM SMITH

cla
4/8/96
3:58 pm
--------------------------------------------------------------

ARIZONA HUMAN RIGHTS FUND
P.O. Box 25044
Phoenix, AZ  85002

voice mail:  (602) 530-1660
fax:  (602) 275-7384
e-mail:  [email-masked]

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