Attorney General Tom Horne has issued a letter to the Bisbee City Council stating that a proposed Civil Union Ordinance, if passed, would be unconstitutional and require the attorney general’s office to initiate an action in the courts to enjoin, or stop it.All three members of the legislature representing Bisbee have expressed deep concerns about the constitutionality of the ordinance. In a statement today, Attorney General Tom Horne said: “I have today sent a letter to the Bisbee City Attorney and City Council members stating that they have no authority to pass the ordinance that they will be considering tonight. This is in response to a complaint received from all three state legislators representing Bisbee: Senator Gail Griffin, Representative David Gowan and Representative David Stevens.
The ordinance seeks to change seven separate State statutes within the boundaries of the city, dealing with issues such as community property, inheritance of property, and appointment of personal representatives. The only proper way to change a statute is through the Arizona Legislature, not through actions of the City Council attempting to change a State statute within its boundaries. I emphasize that I am not expressing any opinion on the policy of the ordinance. My job is to enforce the laws that exist and I am obligated to respond to complaints from state legislators. If the ordinance is passed, the Office will initiate a special action in the Courts to enjoin it.”
Civil unions are a radical, left-wing attempt to promote counterfeit “marriage.” They actually promote cohabitation — subjecting women and children to drastically heightened risks of violence.
Bisbee City Attorney
The City of Bisbee
118 Arizona St.
Bisbee, AZ 85603
R.E.: Bisbee does not have authority under Arizona law to authorize civil unions
Dear Bisbee City Attorney:
I write as a representative of Center for Arizona Policy[1] to express my legal opinion concerning the Bisbee City Council’s announced intention to issue civil union certificates. In sum, Bisbee does not have the authority to do this under Arizona law. Rather, this action will be illegal under Arizona law and will result in unnecessary legal expenses for your city.
The City of Bisbee is considering enacting a law that will create marriage-like relationships, and also provide the partners in those relationships the same benefits and responsibilities that are extended to marital partners under Arizona law. The City of Bisbee lacks the authority to do this, and Arizona law forbids the City of Bisbee from taking this step.
The State of Arizona has given itself authority to determine what marriages, and marriage-like relationships, will be recognized in this state.[2] Under Arizona law, “marriage between persons of the same sex is void and prohibited.”[3] Further, the People of Arizona amended the state Constitution in 2008 to add Article XXX, Section 1, which states: “Only a union of one man and one woman shall be valid or recognized as a marriage in this state.”[4]
Arizona law requires that the charters of charter cities “be consistent with and subject to the state constitution, and not in conflict with the constitution and laws relating to the exercise of the initiative and referendum and other general laws of the state not relating to cities.”[5] As explained above, both the Arizona Constitution and Arizona statutes recognize only the marriages of one man and one woman. The City of Bisbee’s attempt to do an end-run around those laws, by offering a marital-type relationship with the benefits and responsibilities of marriage, is in violation of this state requirement for charter cities.
If the City of Bisbee enacts a law recognizing a quasi-marital relationship not provided for by Arizona law, it will likely find itself involved in expensive and time-consuming litigation, which it is likely to lose.
Please feel free to contact me if I can be of assistance to you in understanding the City of Bisbee’s obligations and responsibilities under Arizona law.
Sincerely,
Josh Kredit, Esq.
Legislative Counsel
[1] Center for Arizona Policy represents the interests of families throughout Arizona and seeks to promote and defend the foundational values of life, marriage and family, and religious liberty.
[2] See 25 Ariz. Rev. Stat., Ch. 1, “Marital and Domestic Relations.”
[3] Ariz. Rev. Stat. § 25-101.
[4] Ariz. Const. art. XXX, § 1.
[5] Ariz. Rev. Stat. § 9-284
If you support AG Horne in this endeavor, please “Like” him on facebook and post some comments in support. The Left has been pretty tough on him on his facebook page as well as the Attorney General’s fb page, so some kind words would be welcome. thanks
And now Tempe wants to do civil unions, too. Their city attorney will do wisely to inform the Tempe City Council this is a counterfeit to marriage as described by the Arizona Constitution and the will of the people of the state, and that is bad idea should be scrapped.
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