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August 11, 2006
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Volume 34
Issue 32
 
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Appeal planned to ruling in challenge to Arizona's Prop. 107 - Prop. 107 would ban marriage equality, domestic partner protections
Appeal planned to ruling in challenge to Arizona's Prop. 107 - Prop. 107 would ban marriage equality, domestic partner protections
PHOENIX, AZ - Aug. 10, 2006 - A decision related to a lawsuit against Prop. 107- the anti-domestic partner benefits initiative- was announced today, rejecting the single-subject rule challenge. The plaintiffs in the case, including five couples seeking protection provided by existing domestic partner benefits, plan to file an appeal to the Arizona Supreme Court.

"Today's decision reinforces that that Prop 107 will take away domestic partner benefits," said Steve May, Treasurer for Arizona Together. "Arizona voters know the difference between domestic partner benefits and same-sex marriage and they want to vote separately on these issues."

This decision narrowly rejected the single-subject rule challenge presented by the plaintiffs in the Aug 4 hearing. The lawsuit against Prop.107 was filed by five couples including three retired couples from Tucson and two City of Phoenix employees and their partners. They filed the lawsuit on July 12 with legal representation from Charles A. Blanchard of Perkins Coie Brown and Bain P.A. and Lisa T. Hauser of Gammage & Burnham, P.L.L.C.

During the arguments heard on Aug. 4, attorneys from the Alliance Defense Fund and The Center for Arizona Policy-counsel for Prop. 107 (Protect Marriage Arizona)-publicly acknowledged that their initiative would take away existing domestic partnership benefits, such as healthcare benefits and hospital visitation rights. Judge Douglas Rayes acknowledged the fact that this decision would take away healthcare benefits from families across the state as stated in his decision, "proponent concedes that the amendment will ban the government from offering domestic partner benefits."

"The disconnect in this decision is that the judge acknowledged that people will lose domestic partnership benefits but strangely concluded that was equal to marriage, and we know that Arizona voters disagree," said Kyrsten Sinema, Chairwoman for Arizona Together.



A Arizona Together press release
 

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