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Majors v. Horne

United States District Court, D. Arizona

October 17, 2014

Nelda Majors, et al., Plaintiffs,
v.
Tom Horne, et al., Defendants

Decided October 16, 2014

For Nelda Majors, Karen Bailey, David Larance, Kevin Patterson, Michelle Teichner, Barbara Morrissey, Kathy Young, Jessica Young, Kelli Olson, Jennifer Hoefle Olson, Kent Burbank, Vicente Talanquer, CJ Castro-Byrd, Jesus Castro-Byrd, Patrick Ralph, Josefina Ahumada, Equality Arizona, George Martinez, Fred McQuire, Plaintiffs: Alexis Elizabeth Danneman, Barry Grant Stratford, Kirstin T Eidenbach, LEAD ATTORNEYS, Perkins Coie LLP - Phoenix, AZ, Phoenix, AZ; Carmina OCampo, Jennifer C Pizer, Joshua J Johnson, LEAD ATTORNEYS, Lambda Legal Defense & Education Fund Incorporated, Los Angeles, CA; Daniel Clayton Barr, Paul F Eckstein, LEAD ATTORNEYS, Perkins Coie LLP, Phoenix, AZ.

For William Humble, named as: Will Humble - in his official capacity as Director of the Department of Health Services, Michael K Jeanes, in his official capacity as Clerk of the Superior Court of Maricopa County, Arizona, David Raber, in his official capacity as Director of the Department of Revenue, Defendants: Byron Jeffords Babione, James Andrew Campbell, Kenneth John Connelly, LEAD ATTORNEYS, Alliance Defending Freedom - Scottsdale, AZ, Scottsdale, AZ; Jonathan Caleb Dalton, LEAD ATTORNEY, Alliance Defending Freedom, Scottsdale, AZ; Kathleen Patricia Sweeney, LEAD ATTORNEY, Office of the Attorney General, Phoenix, AZ; Robert Lawrence Ellman, LEAD ATTORNEY, Office of the Attorney General - Phoenix, Phoenix, AZ.

OPINION

Page 1314

JOHN W. SEDWICK, UNITED STATES DISTRICT JUDGE.

ORDER AND OPINION

[Re: Motions at dockets 59 and 82]

I. MOTIONS PRESENTED

At docket 59 plaintiffs move for summary judgment. Defendants respond at docket 83, and plaintiffs reply at docket 85. Defendants move for summary judgment at docket 82. Plaintiffs respond at docket 85, and defendants' reply has not yet been filed. Oral argument was not requested and, given recent developments in the law of the Ninth Circuit, would not be of assistance to the court.

II. BACKGROUND

Plaintiffs are same-sex couples who were married in another jurisdiction and seek to have Arizona recognize their marriages, same-sex couples who wish to wed in Arizona, and an organization that purports to represent the interests of same-sex couples in Arizona. There are provisions of Arizona law that make it impossible for same-sex couples to wed in Arizona and which also make it impossible for Arizona to recognize the validity of same-sex marriages lawfully entered in other jurisdictions. The provisions at issue are Article 30, Section 1, of the Arizona Constitution which states that only a marriage between one man and one woman is valid and recognizable in Arizona; A.R.S. § 25-101(C) which provides that same-sex marriage

Page 1315

is prohibited in Arizona; and A.R.S. ยง 25-125(A) which defines marriage as between a male and female person (collectively " the challenged laws" ). Plaintiffs ask the court to declare that the challenged laws deny them equal protection of the law and therefore are invalid under the United States Constitution. They also ask the court to permanently enjoin the enforcement of the ...


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