Pictured is Arizona Secretary of State Jan Brewer, a Republican and a person who doesn't not like LGBT Arizonans. In 2006, as Secretary of State, in charge of Arizona's elections, Brewer publicly announced her support for Proposition 107, the ballot measure that would have banned governmental and legal recognition of civil unions, domestic partnerships and marriage.Prior to her stint as Secretary of State, Brewer served as a Maricopa County Supervisor and prior to that, in the Arizona Senate, with a less than impressive record on LGBT issues and matters concerning civil rights - like a Martin Luther King holiday to name one of the too numerous to list.
So with that in mind, Brewer, in her capacity as Secretary of State, in charge of Arizona's elections, wants to confuse voters, specifically on Proposition 102, by going to Maricopa County Superior court to keep from having to tell Arizona voters that same-sex marriage is already illegal under state law.
Brewer wants a judge to rule that the only thing she needs to tell voters is that approval of Proposition 102 would amend the state constitution to define marriage as a union of one man and one woman, reported Capitol Media Services.
More to the point, she wants the summary to say only that voting against the measure would ``have the effect of retaining the current laws regarding marriage.'' And she wants the judge to block efforts by Attorney General Terry Goddard to add to that explanation that those laws include ``a statutory ban on same-sex marriage.''
Brewer said she believes the measure is clearer without the language Goddard wants but admitting she pushed for the shorter version after being told by the group lobbying for Proposition 102 that telling voters about the existing laws would confuse voters -- and cause many to vote against the measure.
Arizona’s current statutes on marriage that has been in affect since 1996, (Arizona Revised Statutes 25-101 and 25-112), are as follows:
25-101. Void and prohibited marriages - A. Marriage between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins, is prohibited and void. B. Notwithstanding subsection A, first cousins may marry if both are sixty-five years of age or older or if one or both first cousins are under sixty-five years of age, upon approval of any superior court judge in the state if proof has been presented to the judge that one of the cousins is unable to reproduce. C. Marriage between persons of the same sex is void and prohibited.
25-112. Marriages contracted in another state; validity and effect - A. Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101. B. Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state, except marriages that are void and prohibited by section 25-101. C. Parties residing in this state may not evade the laws of this state relating to marriage by going to another state or country for solemnization of the marriage.
These statutes were upheld in the case of Standhardt v. Superior Court (2003), which can be found online here: http://www.cofad1.state.az.us/opinionfiles/SA/SA030150.pdf.
In 2006, Arizona voters turned down a similar ballot measure, known as Proposition 107, that would have also barred governmental and legal recognition of civil unions and domestic partnerships. Proposition 102 which will appear on the November 2008 general election ballot was the only measure placed by the Arizona Legislature.
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