From a report by the American Post-Gazette …
Courts in Arizona are constitutionally barred from recognizing the same-sex marriages from other states. This past week, a panel of liberal judges from the Arizona Court of Appeals ignored the constitutional prohibition and, using a transparent trick, recognized a same-sex marriage from Hawaii.
A same sex couple filed for divorce in the Maricopa County Superior Court. The Maricopa County trial judge, faithfully following Arizona law, refused to accept jurisdiction of the case because the parties were two females.
The women had been married in Hawaii with a wink and a nod. Hawaii allowed the marriage because one of the women “identified” as male. Hawaii essentially pretended that the “husband” was really a man, rather than a woman.
The liberal panel of Arizona Court of Appeals was all too happy go along with the ruse – to pretend that the “husband” was really a man, even though the “husband” had borne three children after the sham wedding. The Court of Appeals decided that Arizona should accept jurisdiction over the sham marriage. The Court couldn’t escape using nonsensical language in its opinion. Referring to the “husband” the Court said “he had retained the ability to bear children, and in fact gave birth to three children following his marriage to Nancy.”
Why was it so easy for the Court of Appeals to run roughshod over the Arizona Constitution? Because Tom Horne, running for re-election as attorney general, refused to defend Arizona’s traditional marriage policy. In fact Tom Horne was asked to file a brief with the trial court to defend traditional marriage. But he refused to do so.
The Arizona Conservative has endorsed Horne’s primary opponent Mark Brnovich for AG.