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Many Aiming to Overturn Arizona’s Same-Sex Marriage Ban

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Attorneys for same-sex couples hoping to marry are moving today to finally get a judge to overturn the state’s ban. Arizona Public Radio’s Howard Fischer has details.

The impetus is Tuesday’s ruling by the 9th Circuit Court of Appeals voiding similar bans in Nevada and Idaho. Jennifer Pizer of Lambda Legal, representing challengers in one of the cases here, noted the judges in that case rejected various arguments about why only heterosexual couples should be allowed to marry. These include that only straight couples can produce a child biologically tied to both parents, and claims that letting gays marry will lead to fewer opposite-sex couples deciding to tie the knot — the same arguments lawyers defending the Arizona ban are making here to Judge John Sedwick.

“This issue has been discussed thoroughly at this point in these federal cases. Because there’s nothing new and different for Judge Sedwick to evaluate. The 9th Circuit considered these arguments, issued its decision. And that rule of law is binding on Arizona,” Pizer said.

Pizer said she is preparing to ask Sedwick to rule — and soon.

“The ultimate timetable on that will be up to Judge Sedwick of course. But this has just gone into hyperdrive. And it’s surely a wonderful day for families in Arizona,” Pizer said.

But, a spokeswoman for Attorney General Tom Horne said he’s not giving up just yet and wants to study the 9th Circuit ruling further.

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