A judge on Aug. 10 rejected a legal challenge to an initiative on marriage and ruled that the proposed state constitutional measure can go on Arizona’s Nov. 7 general election ballot.
Judge Douglas Rayes of Maricopa County Superior Court rejected opponents’ argument that the “Protect Marriage Arizona” initiative, which would appear on the ballot as Proposition 107, violated a constitutional requirement that each constitutional amendment be a separate ballot measure.
The measure would define marriage as a union between one man and one woman and prohibit state and local governments from providing marriage-like benefits to other relationships.
Opponents said the second provision would eliminate domestic-partner benefits provided by some Arizona local governments and should be a separate constitutional amendment.
Judge Rayes disagreed and said the measure satisfies the single-amendment requirement. Both provisions “have but one purpose, the protection of marriage by preventing redefinition and extension of official status to marriage substitutes,” he wrote.
Each side in the case has said they would appeal an adverse ruling to the Arizona Supreme Court.
The Supreme Court is already considering an Aug. 1 ruling in which Judge Rayes said another proposed constitutional amendment, Proposition 106 on state trust land, also does not violate the single-amendment rule.
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