14 F. Supp. 3d 1313
D. Ariz.2014Background
- Plaintiffs are same-sex couples (some married elsewhere, some seeking to marry in Arizona) and an organization representing same-sex couples.
- Arizona law (Article 30 §1 of the Arizona Constitution; A.R.S. § 25-101(C); A.R.S. § 25-125(A)) defines marriage as between a man and a woman and prohibits recognition of same-sex marriages.
- Plaintiffs sought a declaratory judgment that those provisions violate the Equal Protection Clause of the U.S. Constitution and a permanent injunction against their enforcement.
- Defendants opposed the challenge and moved for summary judgment; both parties filed cross-motions for summary judgment.
- The Ninth Circuit recently held that substantially identical bans in Idaho and Nevada violate equal protection, which binds this court.
- The court found an appeal unlikely to succeed and declined to stay its order enjoining enforcement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arizona's marriage-definition and recognition provisions violate the Equal Protection Clause | Arizona's bans deny same-sex couples equal protection by preventing marriage and recognition | The laws are constitutional and do not violate the U.S. Constitution | The provisions are unconstitutional under Equal Protection (plaintiffs prevail) |
| Whether a permanent injunction should issue enjoining enforcement of the challenged provisions | Injunction is necessary to give effect to the declaratory judgment and prevent ongoing harm | Enforcement should continue; defendants sought to avoid injunction | Court permanently enjoined enforcement of the invalidated provisions |
| Whether to stay the judgment pending appeal | A stay is not warranted because appeal to Ninth Circuit would fail and U.S. Supreme Court denials show unlikely relief | Defendants impliedly argued for appellate relief / stay | Court declined to stay the order; immediate effect required |
Key Cases Cited
- Latta v. Otter, 771 F.3d 456 (9th Cir. 2014) (Ninth Circuit decision invalidating substantially similar same-sex marriage bans)
- Hart v. Massanari, 266 F.3d 1155 (9th Cir. 2001) (circuit precedent binds district courts within the circuit)
- Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014) (Fourth Circuit decision recognizing same-sex marriages under federal law)