Same-sex-marriage ban advances | www.azstarnet.com ®

Same-sex-marriage ban advances | www.azstarnet.com ®

Same-sex-marriage ban advances
Arizona House votes to put it on November ballot
By Daniel Scarpinato
ARIZONA DAILY STAR

PHOENIX — Efforts to put a question on the November ballot asking voters to ban same-sex marriage overcame a major roadblock Monday — passing through a closely divided state House.
A lack of support had stalled the measure for weeks, and it appeared dead in early April. But supporters managed to drum up the votes they needed in time for a Monday morning roll call — due in part to two Democratic crossover votes.
Now the proposed constitutional amendment heads to the Senate, where President Tim Bee, a Tucson Republican, introduced an identical resolution early this year, and where Republicans have a wider majority.
The measure, which passed 33-25 in the House, won the support of all but two House Republicans present — Southern Arizona Reps. Pete Hershberger and Jennifer Burns. They were offset by two Democrats, Reps. Jack Brown of St. Johns and Pete Rios of Hayden, joining the Republican majority in voting to send the question to the ballot.
Also supporting the move was Rep. Marian McClure, a Tucson Republican, who said she thought a constitutional amendment was unnecessary because same-sex marriage already is banned by state statute. But ultimately she voted for sending it to the ballot because of her personal religious briefs.
"If I do believe that marriage is between a man and a woman, how do I go into church next Sunday and try to explain to my pastor and to my Christian community that I voted saying that marriage was not between a man and a woman?" she said. "The average individual looks at the bill number and the title. What do they see? Marriage between one man and one woman."
The U.S. Court of Appeals has found current law barring same-sex marriages constitutional, a decision the Arizona Supreme Court has left undisturbed.
But champions of the effort say a constitutional amendment is needed to prevent courts from changing their decision down the line.
"Arizonans deserve the opportunity to vote on the definition of marriage," said Rep. Steve Yarbrough, a Chandler Republican.
The final vote — which had been delayed for weeks, opponents said, because potential supporters had anxiety about going on the record — came after Rep. Kyrsten Sinema, an openly bisexual Phoenix Democrat, sought to derail the vote through a procedural technique.
Citing a rarely used House provision, Sinema forced the bill back into a hearing by referencing a rule that says if a bill contains "anything which is not a proper subject of legislation, or which contains language that is insulting or derogatory," it must be sent back to the Rules Committee. That resulted in the House recessing.
During a rushed and contentious meeting, the committee decided the bill was acceptable. The vote, however, was close. Rep. Michelle Reagan, a Scottsdale Republican who ultimately voted for the bill on the House floor, supported Sinema's argument.
"I found this entire debate over the past three months insulting," she said. But Jack Brown voted with the Republican majority and effectively killed Sinema's attempt.
In April, Sinema derailed the issue by successfully tacking on an amendment to grant certain rights to unmarried couples.
The additional provision was unacceptable to those who oppose same-sex marriages. Backers let the bill die, only to bring it back in the original form.
A similar, though much broader, measure was rejected by voters in 2006. Beyond the gay-marriage ban, it prohibited governments from providing benefits to the domestic partners of their employees and outlawed the potential for civil unions.
How they voted
On the House vote to put a referendum on the ballot asking voters to add the following language to the state constitution: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state."
Southern Arizona lawmakers (party-district):
• Yes: Jonathan Paton (R-30); Marian McClure (R-30)
• No: Jennifer Burns (R-25); Manuel Alvarez (D-25); Nancy Young Wright (D-26); Pete Hershberger (R-26); Phil Lopes (D-27); Olivia Cajero Bedford (D-27); David Bradley (D-28); Steve Farley (D-28); Tom Prezelski (D-29); Linda Lopez (D-29)
● Contact reporter Daniel Scarpinato at 307-4339 or dscarpinato@azstarnet.com.