A U.S. District Court judge says that a Ninth Circuit Court of Appeals ruling declaring gay marriage bans unconstitutional in Idaho and Nevada applies to Arizona. The judge gave both sides in Arizona until Thursday to file briefs

in the case. Arizona State University law professor Paul Bender says same-sex marriage is now technically legal in our state. “So my view is right now, the law of the circuit is that gay marriage is constitutionally protected. And if Tom Horne wanted to obey the law, he ought to go and tell the people in Arizona who govern this that they ought to start issuing marriage licenses.” “Well I would say gay marriage is legal in Arizona right now, as a theoretical matter.” Bender thinks that once the federal judge hears arguments about gay marriage in Arizona, it could become the law of the land. “My guess will be he’ll say summary judgement in these cases is in favor of the plaintiffs. You have to start permitting gay marriage.”
Mike Sauceda