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Judge Strikes Down Arizona's Ban; First Same-Sex Marriages Took Place Friday

Kevin Patterson and David Larance
(Photo by Carrie Jung - KJZZ)
Kevin Patterson, left, and David Larance with their children. They were married today shortly after the Maricopa County Clerk of Court started issuing marriage licenses to same-sex couples.

A federal judge has struck down Arizona's ban on gay marriage and cleared the way for legally recognized same-sex unions in the state.

The ruling Friday by U.S. District Judge John Sedwick bars state officials from enforcing a 1996 state law and a 2008 voter-approved constitutional amendment that outlawed marriage of same-sex couples.

Sedwick ordered the state to "permanently cease" its ban on gay marriage and declined to stay his order.

Attorney General Tom Horne said at a news conference Friday morning that he will not appeal the court's decision. Horne said he plans to direct county clerks of court to make licenses marriage available for same-sex couples.

A statement from the Maricopa County Clerk of the Superior Court's office said they would begin issuing marriage licenses to same-sex couples immediately.

"We are a nation of laws with a constitution and three branches of government. My office will comply with the court’s decision. The staff at the Clerk’s Office excel at treating all customers with dignity and respect. We’re ready,” Clerk of the Court Michael Jeanes said in the statement.

Jeanes' office was the first to begin issuing marriage licenses to same-sex couples in the state. The office was bustling within just a few hours of Friday's announcement. Members of the clergy were outside, ready to preside over marriages.

Nelda Majors and Karen Bailey were the lead couple in the lawsuit leading to the ruling. Majors says a meeting with a wedding planner is next. 

"We were actually praying for this blessing and it happened. And Karen and I have had a lot of blessings in our life but this is great. This is wonderful and we’re very grateful," Majors said. She said the couple waited almost 57 years to take this step.

David Larance and Kevin Patterson, who were among the couples who sued to overturn the state's same-sex marriage ban, waited in the growing line for marriage licenses and reflected on the effect of the ruling.

"The best way I can describe it, is that it gives me such peace of mind," Patterson said.

Shortly after they were married to cheers on the courthouse lawn. "This is a great day," Patterson said. "I never thought this would happen in Arizona."

Cathi Herrod, president of the Center for Arizona Policy said she believes the ruling will not sit well with the majority of Arizonans.

"As Americans wake up today, as Arizonans wake up today and they see an out of control federal judiciary has redefined marriage that people will begin to question what's going on and will continue to see that marriage between a man and woman is the best family structure for men, women and children," Herrod said.

Jeremy Zegas from Why Marriage Matters Arizona, an organization supporting marriage equality, said the ruling will not interfere with the religious freedoms of those who oppose the measure.

"If a certain church wants to marry same-sex couples, as many churches have indicated that they do, any church that does not see fit to do that doesn't have to do that," Zegas said. "That's the beauty of freedom in this country. This is an expansion of freedom not a diminishment of it."

The organization says it has religious officiants of a variety of faiths standing by at courthouses around Arizona.

A statement from Arizona Gov. Jan Brewer called the ruling disappointing.

"It is not only disappointing, but also deeply troubling, that unelected federal judges can dictate the laws of individual states, create rights based on their personal policy preferences and supplant the will of the people in an area traditionally left to the states for more than two hundred years," Brewer's statement said.

The Arizona decision came after the Ninth Circuit Court of Appeals ruled on Oct. 7 that gay marriage prohibitions in Nevada and Idaho violated the equal-protection rights of same-sex couples.

Last week, the U.S. Supreme Court declined to hear appeals from several states seeking to retain their bans on same-sex marriage.

The move effectively legalized gay marriage in about 30 states.

Updated 10/17/2014 at 5:07 p.m.

The Associated Press contributed to this report.

 

Carrie Jung was a senior field correspondent from 2014 to 2018.