Same-sex Marriage Law (Marriage, Divorce, Custody, and Adoption)
In Arizona, same-sex marriage has been legal since 2014, when the state chose not to appeal a federal court’s decision that the state’s constitutional amendment barring same-sex marriage was unconstitutional. The U.S. Supreme Court followed in 2015 with its decision in Obergefell v. Hodges, which legalized same-sex marriage across the nation.
While marriage is the most common type of legal commitment in Arizona, people can still choose to register domestic partnerships in some cities in Arizona. Same-sex marriage law involving marriage, divorce, custody, and adoption remains an evolving body of law.
People who are encountering same-sex marriage law issues might benefit from getting help from an experienced family law and same-sex divorce attorney at the Law Office of Daniel Hutto.
Same-sex Marriage Rights in Arizona
In Oct. 2014, a federal court declared the state’s statutory and constitutional prohibitions against same-sex marriage unconstitutional in its decisions in Connolly v. Jeanes, 73 F.Supp. 1094 (2014) and Majors v. Horne, 14 F. Supp. 3d 1313 (2014). When the state decided against appealing the court’s decisions, same-sex marriage became legal in Arizona. The U.S. Supreme Court followed with its decision in Obergefell v. Hodges in June 2015, legalizing same-sex marriage in every state.
Additionally, Phoenix and Tucson both have domestic partnership registries that allow couples to register as domestic partners. Both same-sex and heterosexual couples can register as domestic partners in Phoenix if they meet the following criteria:
- Live together in a Phoenix residence
- Age 18 or older and competent
- Not related to a degree that is prohibited under Arizona law
- Not married or in a domestic partnership or civil union with a different person
- Are in a committed relationship
Tucson’s domestic partnership law was changed to a civil union law. To register a civil union in Tucson, people must meet the following requirements:
- At least 18 years old
- Not related beyond what is allowed under Arizona law
- Competent
- Cannot already be in a domestic partnership, civil union, or marriage with someone else
- Must live together and be in a mutually supportive relationship
Some important changes that people need to be aware of since the legalization of same-sex marriage in Arizona include the coverage by Arizona’s marriage laws in Arizona Title 25 and health insurance coverage. Same-sex spouses are now covered under the federal Family and Medical Leave Act for work-related leave to care for serious medical conditions.
Same-sex spouses also qualify for health insurance through their spouses’ employer-provided medical insurance, and they can now file joint federal and state tax returns.
Spouses might also need to change beneficiary designations on their 401(k) and life insurance plans from other to spouse. Same-sex married couples now enjoy any benefits that an employer provides to heterosexual married couples.
Contact the Law Office of Daniel Hutto for Help with Same-sex Marriage Law Matters
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If you are in a same-sex relationship, you might encounter any number of different same-sex marriage law issues. Working with a lawyer who keeps current with the changes in the laws that impact same-sex couples is important for protecting your rights.
The Law Office of Daniel Hutto is dedicated to protecting the rights of our clients. Contact us today to schedule a free consultation by calling us at 602.833.2741
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