“Marriage expresses the reality that men and women bring distinct, irreplaceable gifts to family life, especially for children who deserve both a mom and a dad,” said Senior Counsel Byron Babione. “That is why Arizonans approved a constitutional amendment to affirm marriage as the union of one man and one woman. The court should uphold the right of Arizonans to define marriage consistent with this public policy, which is motivated by their concern over what’s best for children and society.”
ADF attorneys were appointed by Attorney General Tom Horne to assist the Arizona Solicitor General’s office in defending the state’s marriage laws after six same-sex couples sued county clerks in Pinal County, Maricopa County, and Coconino County.
According to the brief filed with the U.S. District Court for the District of Arizona in the case,Connolly v. Roche: “[M]arriage has always existed to channel the presumptive procreative potential of man-woman relationships into committed unions in order to join children to both their mother and their father. Nevertheless, some now seek to redefine marriage from a gendered to a genderless institution, while many others legitimately believe that such a change would obscure marriage’s animating purpose and undermine its social utility. So far, the States have reached differing decisions on this important question. Yet Plaintiffs, discontented with the sovereign decision of Arizonans, argue that the public debate about the meaning, purpose, and future of marriage was meaningless… But Plaintiffs are mistaken. The Constitution has not removed this question from the People.”
“The laws of Arizona have always reflected the man-woman nature of marriage,” added ADF Legal Counsel Jim Campbell. “The court should not endorse the recently conceived notion that marriage is about special government recognition for adult relationships, but instead should uphold the time-honored laws preserving marriage as the union of one man and one woman.”