Arizona Proposition 107 (2006)

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Arizona Proposition 107 was a proposed same-sex marriage ban, put before voters by ballot initiative in the 2006 General Election. If passed, it would have prohibited the state of Arizona from recognizing same-sex marriages or civil unions. The state already had a statute defining marriage as the union of a man and a woman and prohibiting the recognition of same-sex marriages performed elsewhere. [1]

Same-sex marriage is the marriage of two persons of the same sex or gender, entered into in a civil or religious ceremony.

Contents

This proposed amendment to the Arizona Constitution failed, with 48.2% voting in favor and 51.8% opposed, making Arizona the first U.S. state to defeat a state constitutional amendment banning same-sex marriage. Several states approved similar measures between 1998 and 2006. [2]

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.

U.S. state constituent political entity of the United States

In the United States, a state is a constituent political entity, of which there are currently 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory and shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders. Four states use the term commonwealth rather than state in their full official names.

U.S. state constitutional amendments banning same-sex unions Wikimedia list article

Many U.S. states enacted amendments to their state constitutions which prevented the recognition of some or all types of same-sex unions, but all such amendments were struck down by the Supreme Court of the United States on June 26, 2015, in the case of Obergefell v. Hodges. Some amendments prevented a state from legalizing same-sex marriage, civil unions and domestic partnerships, while others banned only same-sex marriage. By May 2012, voters in 30 states had approved such amendments. While the actual text of these amendments still remains written into the various state constitutions, the Obergefell decision has rendered them unenforceable insofar as they prevented same-sex couples from marrying.

The proposition was backed by the Protect Marriage Arizona coalition, which included the Center for Arizona Policy and United Families Arizona. The proposition was primarily opposed by the Arizona Together coalition, which included the Arizona Human Rights Fund and the Human Rights Campaign.

The Center for Arizona Policy (CAP) is a nonprofit conservative lobbying group based in Arizona. The organization advocates for the passage of socially conservative policies in the state. It also produces voter guides to encourage its supporters to elect conservative lawmakers. Over 100 bills supported by CAP have been signed into law in Arizona.

Human Rights Campaign advocacy group

The Human Rights Campaign (HRC) is the largest LGBT civil rights advocacy group and political lobbying organization in the United States. The organization focuses on protecting and expanding rights for LGBT individuals, most notably advocating for marriage equality, anti-discrimination and hate crimes legislation, and HIV/AIDS advocacy. The organization has a number of legislative initiatives as well as supporting resources for LGBT individuals.

Voters approved a more limited constitutional amendment which banned same-sex marriage but not state-recognized civil unions or domestic partnerships, Arizona Proposition 102, in 2008 with 56% of the vote.

Official title and text

An Initiative Measure

Proposing an amendment to the Constitution of Arizona; amending the Constitution of Arizona; by adding Article XXX; relating to the protection of marriage

To preserve and protect marriage in this state, only a union between one man and one woman shall be valid or recognized as a marriage by this state or its political subdivisions and no legal status for unmarried persons shall be created or recognized by this state or its political subdivisions that is similar to that of marriage.

Electoral results

Statewide

Proposition 107
Choice Votes %
X mark.svg No775,49851.8
Yes 721,789 48.2
Total votes1,496,987100.00

By county

Results by county, with those voting "Yes" shaded in dark gray. Azmap.svg
Results by county, with those voting "Yes" shaded in dark gray.
County [3] Yes No
Apache County 50% (8,661)50% (8,740)
Cochise County 56% (19,422) 44% (15,490)
Coconino County 40% (15,139)60% (22,279)
Gila County 52% (8,526) 48% (7,775)
Graham County 69% (5,221) 31% (2,369)
Greenlee County 57% (1,151) 43% (885)
La Paz County 52% (1,921) 48% (1,772)
Maricopa County 48% (421,568)52% (449,065)
Mohave County 57% (25,429) 43% (19,254)
Navajo County 56% (14,194) 44% (11,246)
Pima County 42% (115,915)58% (158,721)
Pinal County 52% (28,873) 48% (26,882)
Santa Cruz County 45% (3,473)55% (4,204)
Yavapai County 52% (36,992) 48% (34,346)
Yuma County 55% (15,004) 45% (12,470)
Total 48% (721,489)52% (775,498)

See also

LGBT rights in Arizona

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Arizona may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arizona, and same-sex couples are able to marry and adopt.

Related Research Articles

The Federal Marriage Amendment (FMA) was a proposed amendment to the United States Constitution that would define marriage in the United States as a union of one man and one woman. The FMA would also prevent judicial extension of marriage rights to same-sex or other unmarried heterosexual couples. An amendment to the U.S. Constitution requires the support of two thirds of each house of Congress and ratification by three fourths of the states. The last Congressional vote on the proposed amendment occurred in the House of Representatives on July 18, 2006, when the motion failed 236 to 187, falling short of the 290 votes required for passage in that body. The Senate has only voted on cloture motions with regard to the proposed amendment, the last of which was on June 7, 2006, when the motion failed 49 to 48, falling short of the 60 votes required to allow the Senate to proceed to consideration of the proposal and the 67 votes required to send the proposed amendment to the states for ratification.

2000 California Proposition 22

Proposition 22 was a law enacted by California voters in March 2000 to prevent marriage between same-sex couples. In May 2008, it was struck down by the California Supreme Court as contrary to the state constitution.

Same-sex marriage is legal in the U.S. state of California, and first became so on June 16, 2008, when the state began issuing marriage licenses to same-sex couples as the result of the Supreme Court of California ruling in In re Marriage Cases, which found that barring same-sex couples from marriage violated the state's Constitution. The issuance of those licenses was halted during the period of November 5, 2008 through June 27, 2013 due to the passage of Proposition 8—a state constitutional amendment barring same-sex marriages. The granting of same-sex marriages recommenced following the United States Supreme Court decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.

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The Tennessee Marriage Protection Amendment, also known as Tennessee Amendment 1 of 2006, is a state constitutional amendment banning same-sex unions. The referendum was approved by 81% of voters. It specified that only a marriage between a man and a woman could be legally recognized in the state of Tennessee. This prohibited same-sex marriages within the state, reinforcing previously existing statutes to the same effect until it was overturned by the Obergefell v. Hodges ruling in June 2015.

Colorado Amendment 43

Colorado Amendment 43 was a referendum approved by the voters in 2006 that added a new section to Article II of the Colorado Constitution to define marriage in Colorado as only a union between one man and one woman. It passed with 56% of the vote.

Alaska Ballot Measure 2 (1998)

Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.

South Carolina Amendment 1

South Carolina Amendment 1 of 2006 amended the South Carolina Constitution to make it unconstitutional for the U.S. state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 78% of voters. Unlike the other sixteen such state amendments, South Carolina's explicitly disavows any effort to prevent private contracts between same-sex partners from being recognized—Virginia being the only state to do so.

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2008 California Proposition 8 ballot proposition and state constitutional amendment passed in November 2008

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2008 Arizona Proposition 102

Arizona Proposition 102 was an amendment to the constitution of the state of Arizona adopted by a ballot measure held in 2008. It added Article 30 of the Arizona Constitution, which says: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state." The amendment added a constitutional ban on same-sex marriage to existing statutory bans in place since 1996. In October 2014, Article 30 of the Arizona Constitution was struck down as unconstitutional in the United States District Court for the District of Arizona, and is no longer enforced by the state of Arizona, which now allows and recognizes same-sex marriages.

Florida Amendment 2 is an amendment made to the Constitution of Florida in 2008. It added Article I, Section 27 to the constitution, which defines marriage as a union only between one man and one woman, and thus bans the creation of similar unions, such as civil unions or same-sex marriage.

Same-sex marriage has been legally recognized in the U.S. state of Arizona since October 17, 2014. The state had denied marriage rights to same-sex couples by statute since 1996 and by an amendment to its State Constitution approved by voters in 2008. Two lawsuits in federal court that challenged the state's policies ended with a decision that the ban was unconstitutional and the state did not appeal that ruling.

Citizens for Equal Protection v. Bruning, 455 F.3d 859, was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit. It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.

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References

  1. "Arizona Revised Statutes, Title 25 – Marital and Domestic Relations". 2007-09-18.
  2. Geis, Sonya (20 November 2006). "New Tactic In Fighting Marriage Initiatives". Washington Post. Retrieved 28 October 2012.
  3. "Arizona Secretary of State: 2006 general election results". Archived from the original on 30 July 2008. Retrieved 2008-08-01.