PHOENIX — Arizona’s ban on gay marriage appears to be on even thinner ice
now that the U.S. Supreme Court has refused to overturn federal courts that
declared bans in five states unconstitutional.
Monday’s unexpected decision not to hear appeals from Wisconsin, Indiana,
Oklahoma, Utah and Virginia means Arizona’s efforts to keep its ban in place
faces an even tougher battle with federal judges.
“It does not have a direct impact on our case,” Heather Macre, one of the attorneys working on removing Arizona’s ban on gay marriage, told KTAR News’ Bruce St. James and Pamela Hughes on Monday. “Obviously, if the Supreme Court decided to take up this issue and made a ruling, it would be the law of land.”
Despite the ruling not directly impacting Arizona, the ban is still under immediate threat.
“Arizona still has several paths open to it to get a resolution on the question of marriage equality,” Macre said.
Two lawsuits in U.S. District Court challenging Arizona’s ban could be decided soon. And the 9th U.S. Circuit Court of Appeals that covers Arizona heard appeals from four other states last month where judges sharply questioned lawyers defending the bans.