Monday, December 08, 2003 - Apache Junction, Arizona, USA


Arizona is getting a 2nd chance to prove it’s run by true Americans again and not by discriminating bigots.

Remember my articles about Don Standhardt and Tod Keltner, two phoenix gays that sued Arizona for the right to marry? They lost their trial but now have filed their appeal to the Arizona state Supreme Court today. Considering the conservative Repubo makeup of that court, the decision stands about as much chance to be overturned as a snowball in the Sonoran Desert.

“Why fight it?” you may ask. Aside from the obvious, they love each other, here’s why it’s unconstitutional for Arizona to keep these guys from marrying:

  • In Arizona, ONLY a married couple may JOINTLY adopt a child.

  • If a child of a gay parent is orphaned, the non-custodial partner would have no legal claim to the child. It would be put up for adoption or put in foster care.

  • If the non-custodial partner dies, their property is NOT legally transferable to either the partner or any children.

  • If the relationship ever dissolved, gay partners have no rights to community property, or child or spousal support.

  • Gay couples have no right to make decisions for their partner if he or she is incapacitated, not even through a notarized affidavit.

  • There are more than 1,000 federal statutes, in which marital statutes is a factor. Gays are supported by none of them.

The Arizona case is interesting as it’s the first case that raises federal constitutional issues. This means that when (not if, unfortunately) the Arizona Supreme Court rules against the plaintiffs, they will probably take the issue to the Supreme Court of the United States. There, they will get a fair shake.

I have been pleasantly surprised at how the Arizona Republic has handled this situation. Usually a conservative voice, they have been 100% behind the establishment of gay marriage as constitutional. The great majority of articles they’ve published have dealt shown the human rights issues of this fight clearly.

Thank you, Republic !

©2003 Marcie Ellen “Happy” Beevre

©2003 Marcia Ellen "Happy" Beevre
# posted by Marcia Ellen @ 2:30 PM
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