It’s coming. Whatever side of the political aisle you are on, get ready. Gay marriage is coming to Arizona. Soon.
Here’s the update in simple terms. On Monday, October 6, 2014, the U.S. Supreme Court declined to hear several Circuit Court of Appeals cases which had previously held that states’ gay marriage bans were unconstitutional. In those five states (Virginia, Indiana, Wisconsin, Oklahoma and Utah), gay marriages had been stayed pending review–or a decision to decline to review–by the Supreme Court.
Now that the Supreme Court has declined to review those appellate court decisions, gay marriages may proceed in those five states. Gay marriages will also soon be allowed in the other states within the jurisdiction of those appellate courts that up to now have not allowed gay marriage.
How does this affect Arizona? Well, it doesn’t–today. But it will–soon. Here’s how. The Arizona Federal District Court is expected to decide any day that Arizona’s gay marriage ban is unconstitutional. The 9th Circuit Court of Appeals is expected to affirm that ruling.
Because the U.S. Supreme Court has now declined to review other appeals courts’ rulings that states’ gay marriage bans are unconstitutional, it is very possible that the Arizona Federal District Court’s and/or the 9th Circuit’s rulings will not be stayed pending review by the U.S. Supreme Court. Even if the anticipated rulings declaring Arizona’s gay marriage ban unconstitutional are temporarily stayed, it now appears likely that the Supreme Court would not review the 9th Circuit’s ruling.
In short, it seems likely to me that gay marriage will very soon be legal in Arizona–maybe just days or weeks from now. At longest, it seems gay marriage will be legal in Arizona by mid-2015.
With same-gender marriage soon to be legal in Arizona, same-gender divorces will begin in Arizona closely thereafter. I and my staff at Scoresby Family Law affirm our commitment to provide outstanding legal representation to Arizonans in divorce and other family law cases regardless of their sexual orientation.
Copyright © 2014 by Scoresby Family Law – J. Kyle Scoresby, P.C. All rights reserved.