Same-sex Marriage Archives

SAME-SEX MARRIAGE CHILD CUSTODY ISSUES

The legalization of Same-Sex Marriage is relatively new in the State of Arizona. Unfortunately, to date, the laws regarding Same-Sex Custody and Parenting Time child custody rights have not been revised nor amended to account for the children raised by married same sex couples. This means that children are only presumed to be the children of both parties, thus subject to joint custody laws, if the children are born during the marriage. This is regardless of surrogacy, artificial insemination or other alternative biological parenting alternatives.

Impact of AZ Same-Sex Court Ruling

On October 17, 2014, a ruling in the federal court legalized same-sex marriages in the State of Arizona, making Arizona the 31st state in the nation to legalize marriage for same-sex couples. In a ruling issued by the Honorable John Sedwick of the U.S. District Court for the District of Arizona, the Court declared Arizona's ban on same-sex marriage as an unconstitutional violation of equal protection of the laws. Just hours later, Arizona Attorney General Tom Horne announced his decision not to appeal the ruling of the lower court, instructing county clerks throughout the state to begin issuing marriage license to same-sex couples immediately.

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