Judge's ruling on same-sex initiative for ballot due


Published/Last Modified on Saturday, August 5, 2006 1:09 PM MDT


PHOENIX (AP) - A judge may decide next week whether a same-sex initiative can stay on the state ballot this fall.


The Arizona Together organization filed the lawsuit, saying the initiative is unconstitutional because it violates the state's "single subject" rule by asking voters to decide on two distinct issues on the ballot.

They contend that voters are being asked to decide same-sex marriage and domestic partnerships.

The initiative would define marriage as a union between one man and one woman and would prevent any legal status similar to marriage, including civil unions and domestic partnerships.

Lawyers for the Protect Marriage Arizona initiative argued Friday that the amendment addresses a single subject and both provisions "act together."

Glen Lavy, an attorney representing Protect Marriage Arizona, said the goal of the amendment is to define marriage between one man and one woman.

Maricopa County Superior Court Judge Douglas Rayes will likely decide next week whether the Protect Marriage Arizona initiative can stay on the ballot.

Both sides said they would appeal to the state Supreme Court if they lose.

Arizona Together attorneys argued that in addition to prohibiting same-sex marriages, the initiative would ban civil unions and domestic partnerships throughout the state, repealing health and other benefits established in Tucson, Pima County and Phoenix and Tempe, among other places.

Protect Marriage Arizona does support doing away with domestic-partner benefits, but proponents argued that individuals could obtain benefits without the designation of domestic partner.

The case and all the expected appeals must be decided by Aug. 31, before ballots are printed.

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