LB - Kingman Regional Medical Center Holiday

Home | Real Estate Search | Classifieds | Place an Ad | Public Notices | Galleries | Obituaries | Subscriber Services | Kingman Digital | Contact Us
Kingman Daily Miner | Kingman, Arizona

home : latest news : state November 25, 2015

3/13/2014 6:38:00 PM
Challenge to same-sex marriage ban filed in Arizona

PHOENIX (AP) - A federal lawsuit has been filed on behalf of seven couples and two surviving spouses challenging Arizona's ban on same-sex marriage, a national gay-rights organization announced Thursday.

The lawsuit, filed by Lambda Legal, claims banning gay marriage violates the couples' rights to equal protection and due process under the U.S. Constitution.

"It's wrong that I can't marry the one person I cherish most in this world, even after 56 years of love and commitment," said Nelda Majors, who is a lead plaintiff with her partner, Karen Bailey.

Arizona Attorney General Tom Horne, state Department of Health Services Director Will Humble and Maricopa County Superior Court Clerk Michael Jeanes are named as defendants in the complaint.

"Our clients deserve to be treated equally by the government for which they pay taxes. They deserve the same basic freedoms that everyone in this state enjoys, including the freedom to marry," said Jennifer Pizer, senior counsel for Lambda Legal.

In a statement released by his office, Horne said "as Attorney General it is my duty to defend Arizona laws."

Lawmakers approved a state law barring same-sex marriages in 1996. Seven years later, an Arizona appeals court upheld the constitutionality of the law. Voters in 2008 amended the Arizona Constitution to include the ban.

The lawsuit, which court records show was filed Wednesday in Phoenix, is also requesting that Arizona legally recognize the marriages of couples who wed in other states, Pizer said.

"Without legal recognition of their marriages, they are left vulnerable - scrambling to cobble together often at considerable expense a big pile of documents. And even with all those documents, it still doesn't give them the legal protection and security their families need, especially in times of crisis," Pizer said.

Barb Morrissey said she had to carry a packet of legal documents every time she visited her wife, Mish Teichner, in the hospital. Teichner underwent a kidney transplant in January. Morrissey said she has had hospital employees bar her from seeing Teichner. Morrissey said another employee told her, "I'll try to sneak you in."

"I felt disrespected and stressed that I was treated this way," Morrissey said.

Patrick Ralph, a plaintiff whose husband died in Phoenix in August, said he cannot get a state death certificate listing him as a spouse. He and Gary Hurst married in Palm Springs, Calif., in 2008, before Proposition 8 took effect. Besides wanting an official acknowledgement of his marriage on the death certificate, Ralph said the document could help in figuring out if he is entitled to any survivor's benefits. That desire led him to reach out to Lambda five months ago.

"Marriage is the one thing that can fix all those problems," Ralph said. "(Gary) would wish I didn't have to go through this to get what is rightfully ours in the first place."

The lawsuit is separate from a class-action lawsuit filed by four same-sex couples in January. Phoenix attorney Shawn Aiken, who filed the lawsuit, initially filed it against Horne and Gov. Jan Brewer as well as three Arizona county clerks. He has since dropped Horne and Brewer at the request of Assistant Attorney General Kathleen Sweeney and to avoid a prolonged series of legal motions. He plans to file a motion next month, asking the judge in the case to make a decision about the lawsuit without waiting for a trial.

Aiken and his team have expressed support for Lambda Legal's suit, but both said there are no plans to join the two filings.

"My attitude is to the extent that if we both succeed, great. If they succeed where we fail, that's good too," Aiken said.

According to Pizer, the couples requested Lambda Legal's help several months ago. The lawsuit is part of an overall, coordinated effort to get the ban struck down, she added.

She anticipates the U.S. Supreme Court will be asked again in the next couple of years to recognize same-sex marriage.

"None of us can predict which case will be before the court," Pizer said.

    Most Viewed     Recently Commented
•   Missing man's body found; foul play not suspected (1567 views)

•   Embezzlement indictment returned against Molina (1535 views)

•   Woman who spray-painted husband's truck charged with vandalism (1284 views)

•   Appearance of Kingman Crossing, city in general debated (1017 views)

•   Obituary: Robert "RC" Cantrell (940 views)

Reader Comments

Posted: Thursday, May 1, 2014
Article comment by: Amaryllis Smith

@ ANOTHER THOUGHT, I TOTALLY agree with your comments ref. the issue of gay marriage!!

When Idaho had the Common Law marriage, NO other state in the union had to recognize it due to their own constitution. We battled it at the jail various times but it wasn't much battle due to our state constitution and jail policy.

Slays me some who are against those who smoke reg. tobacco are criticized and ridiculed constantly but, smoke pot and mush your brain is acceptable by same people.
As for cost of lung treatment, What about cost of treating those with HIV due to acts of sodomy and Fact there are right now 66 babies in the U.S. right now who have had to be put on HIV treatment shortly after birth!!

Posted: Thursday, May 1, 2014
Article comment by: Another Thought

" It should not be against the law"

First off, sodomy is still illegal in many states. Second, where does it end? Next thing you know, people will want to marry the dog, the cat, and who knows what? Where do you draw the line? Who should be responsible to determine what is morally right or wrong? The clergy, the government, or should it be determined by the families personal values? In reality, Hollywood and the television networks are shoving it down out throats! Sitcom's specifically designed and choreographed to target the gay community. News anchors such as Anderson Cooper, Gutfeld, and Shepard Smith, all gay. It doesn't help that Roman Catholic Priests have their own hidden agenda's. I've asked my wife's Uncle who is a Roman Catholic Priest, why he stays with it, his response, every part of society has their sick-o's.

Posted: Monday, March 17, 2014
Article comment by: Frank Harris

I love that Tom Horne quote given his hit and run accident.

Now about gay marriage. It really is about equal treatment under the law. Many still don't like interracial marriage but it's not against the law. Many do not like marriage between those of different religions, but it's not against the law. It's too bad some do not like the idea of gay marriage. It should not be against the law.

Posted: Sunday, March 16, 2014
Article comment by: V Stokes

"indicate any major society openly acknowledging homosexual marriage as is being done in our lifetime"

Ok...the same can be said for interfaith or interracial marriages in generations past. No one (in most areas) even thinks twice about that now. Of course there will always be a few prejudice bigots that are still aghast at such things. Eventually they will die off and the world can move on.

Posted: Sunday, March 16, 2014
Article comment by: M e

I will never accept gay marriage and will not associate with them. What these people are trying to do is to change Arizona laws and stick it in to your eye, otherwise they would have moved to a state that recognizes gay marriage.

Posted: Sunday, March 16, 2014
Article comment by: annonymous annonymous

Mankind has been disobeying God since Eve lured Adam to bite into that forbidden fruit of knowledge, we have all been cursed and condemned by their sin, doubt gays are the only sin mankind is guilty of! I think come judgment day many sinners who have never committed homosexuality will join them in that lake of fire for things they simply do not like to see in that mirror when they look at themselves! I think I will concentrate on the timber in my eye and let the gays work on the splinter in theirs!

Posted: Sunday, March 16, 2014
Article comment by: vock canyon

So just issue the certificate, that way the fella is responsible for all of the dead guy's debts. No more free rides for same sex marraiges.

Posted: Sunday, March 16, 2014
Article comment by: vock canyon

I just have to comment on this. In my 60 years of experiance I've seen that most same sex relationships last no more than 5 years with an occasional going 10 years, some involve children. I think these folks should be required to experiance the same court room torture that the rest of us have to go through when we want a divorce. I think that the "free ride", when ending a relationship, that same sex partners get should be over. Child support, spousal support, allimony, asset sharing, and other such wonderful things should be imposed on all same sex relationships. While I don' t support gay marraige I certainly support equal taxation, and torture.....

Posted: Saturday, March 15, 2014
Article comment by: pl .....

Ok, Stokes, but the most recent historical reference I used was more than 100 years old (Kaiser Wilhelm abruptly dropped all association with his old friend before WWI started). It was my point that the historical record does not seem to indicate any major society openly acknowledging homosexual marriage as is being done in our lifetime.

Posted: Saturday, March 15, 2014
Article comment by: V Stokes

"does not show us any other major society which endorsed homosexual "marriages"..."

Hmmm...New Zealand, Scotland, Spain, Denmark, Norway, Brazil, England/Wales..and many more have allowed it for years. I guess you have different "sources".

Posted: Saturday, March 15, 2014
Article comment by: A People

Don't like the Gays ? So What. Maybe the gays don't like you. What people do with their own bodies is their own business. For those that cite the Bible, well, last time I checked This IS America, and someone has the right to NOT believe in the Bible as much as someone has the Right To Believe in the Bible. So maybe someone can be Gay and Believe in the Bible, and maybe someone can be gay and Not believe in the Bible. Either way, it's their freedom to do so. Anyway, I thought Jesus wanted everybody to love each other, so, maybe those that don't approve of "Gay Methods" should just let Jesus decide what's acceptable and stop trying to read his mind. Our Tax dollars go toward many things that are stupid, wasteful, dangerous or just plain wrong. Millions are wasted everyday, and any amount that would go to a "Gay Couple" is down right negligible. Have a problem with the Gay's ? Who cares. Spend some time fixing the other problems in Our Great Land First, and then maybe once that's all settled, their might be a reasonable conversation about the Right vs. Wrong vs. Freedom to do what thou Will. Until then, Keep your own house in order and stop worrying about someone else’s.

Posted: Saturday, March 15, 2014
Article comment by: Even the dead can speak .....

Kaiser Wilhelm's chief of the general staff died in bed with another officer, dressed as a ballerina. Later, the Kaiser himself was implicated in a homosexual relationship with his best friend. History is littered with this stuff. But I do think that an honest review of history does not show us any other major society which endorsed homosexual "marriages" as is being proposed in America at this time. Even relatively "unenlightened" Native peoples had a regard for the spiritual world's oversight of human affairs (although certainly lacking in some respects - Henry B. Schoolcraft's epic 19th century portrayal of them includes in its Introductory - "Their Great Spirit is kind, but He is not just"). Careful, folks, that you not be swept away by every spirit. Those who have been around a lot longer than us might say something like that.

Posted: Friday, March 14, 2014
Article comment by: anonymous anonymous

Marriage, divorce.....two peas in one pod! One see's the sanctity of marriage often mentioned in commentary how many of these same people who worry about gays marrying have committed adultery, fornicated outside marriage? We all know Homosexuality is a sin, the bible is a good guide in life, one of the things many in this issue seem to ignore try and worry about the timber in your own eye and let your brother worry about the splinter in his! I am white, straight been married twice, let the gays marry and enjoy the misery of divorce, custody battles, property disputes since they are inevitable since mankind is a sinful thing! Beware what one wishes for!

Posted: Friday, March 14, 2014
Article comment by: Amaryllis Smith

Patrick Ralph, being a Man you anatomically cannot have a husband.
Survivor benefits? Retirement, social security death benefits?? Being a man you should have your means of living monetarily, as for real property there are already in place laws that give you those assets.

Those in power had better start strong on marriage being between one man and one woman!
Scenario of DPS gay officers (men), one is killed on duty so the gay survivor receives 100% of the deceased officer's pay he received at time of death.
Should Arizona TAXPAYERS really want their hard earned money going to someone who entered into a same sex "marriage"??

Idaho recognized common law marriage, other states did not have recognize Idaho's law. Idaho rescinded the common law marriage in early 2000s.

The issue of plural marriage is going to become a hot topic in near future and when people have caved into LBGT BS, you won't be able to avoid the same response to plural marriage leaving the door open to the next worst case scenario of the practice of beastuality!
Where/When does it all stop, pushing the limits of right vs. wrong????

Posted: Friday, March 14, 2014
Article comment by: Don't Need a Gun

I want to marry my car that way I can file for divorce and receive payments. The Car can't pay so the sate would hold the car in contempt and I would Qualify for aid.

Posted: Friday, March 14, 2014
Article comment by: Anson's Nephew

Prior to the usual suspects showing up with their usual irrational nonsense I would like to challenge them to explain how what other adults do with genitals directly impacts their lives? And since they cannot explain that and since they proclaim – loudly – to be Christians then I caution them to follow the dictates of 1 Thessalonians 4:11.

Posted: Friday, March 14, 2014
Article comment by: A Contract By Any Other Name

I don't see why they shouldn't be able to have a civil union, where they would have the same benefits of a traditional marriage EXCEPT for the part about "blessed by God".

Posted: Friday, March 14, 2014
Article comment by: Thai Mai Shu

Oh I can hardly wait to see what the bible bouncers here have to say about this.

Posted: Friday, March 14, 2014
Article comment by: KDM online reader

"Marriage is the one thing that can fix all those problems," Ralph said. "(Gary) would wish I didn't have to go through this to get what is rightfully ours in the first place."

No, what all of you liberal gay marriage activists needed was a simple Power of Attorney and all of your problems are solved.

Plus, as the the AP story mentions, an appeals court upheld the constitutionality of the law. So fortunatley, at least the gay mariage ban in the State of Arizona is "settled law", except of course laws that liberal democrats refuse to accept.

Posted: Friday, March 14, 2014
Article comment by: gun owner 000

Same sex marriages around here wouldn't be much of a problem.....Same species marriages might.

Article Comment Submission Form
Comments are not posted immediately. Submissions must adhere to our Use of Service Terms of Use agreement. Rambling or nonsensical comments may not be posted. Comments are limited to Facebook character limits. In order for us to reasonably manage this feature we may limit excessive comment entries.
Submit an Article Comment
First Name:
Last Name:
Anti-SPAM Passcode Click here to see a new mix of characters.
This is an anti-SPAM device. It is not case sensitive.

Advanced Search

HSE - We want to hear from you
Kingman Chamber News
Find more about Weather in Kingman, AZ
Click for weather forecast

Find it Features Blogs Milestones Extras Submit Other Publications Local Listings
Real Estate Search | Classifieds | Place an Ad | Find Kingman Jobs | Kingman Chamber | e-News | Contact Us | RSS | Site Map
LB - Great West Tire - group photo

© Copyright 2015 Western News&Info, Inc.® The Kingman Daily Miner is the information source for Kingman and surrounding area communities in Northern Arizona. Original content may not be reprinted or distributed without the written permission of Western News&Info, Inc.® Kingman Daily Miner Online is a service of WNI. By using the Site, ®, you agree to abide and be bound by the Site's terms of use and Privacy Policy, which prohibit commercial use of any information on the Site. Click here to email your questions, comments or suggestions. Kingman Daily Miner Online is a proud publication of Western News&Info, Inc.® All Rights Reserved.

Software © 1998-2015 1up! Software, All Rights Reserved