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Arizona Proposition 102


Arizona Proposition 102 was an amendment to the constitution of the state of Arizona adopted by a ballot measure held in 2008. It added Article 30 of the Arizona Constitution, which says: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state." The amendment added a constitutional ban on same-sex marriage to existing statutory bans in place since 1996. In October 2014, Article 30 of the Arizona Constitution was struck down as unconstitutional in the United States District Court for the District of Arizona, and is no longer enforced by the state of Arizona, which now allows and recognizes same-sex marriages.

On August 26, 2008, Arizona Attorney General Terry Goddard and Secretary of State Jan Brewer agreed that the ballot description would state that same-sex marriage was already prohibited by statute. Incorporating the same provision into the Arizona Constitution was meant to prevent an Arizona court from ruling that the statute was invalid under the Arizona Constitution.

Along with similar measures in California (California Proposition 8 (2008)) and Florida (Florida Amendment 2 (2008)), Proposition 102 was decided by voters in the general election on November 4, 2008. The amendment passed by a margin of 56% in favor and 44% against.

Proposition 102 had no immediate impact because its definition of marriage was consistent with the existing statutory definition. As an amendment to the Constitution of Arizona, the definition cannot be changed by the state legislature, and the possibility that a state court might find a state constitutional guarantee of same-sex couples' right to marry is eliminated.

As of August 27, 2008 three committees related to Proposition 102 were registered with the Secretary of State: YESforMarriage.com supporting Prop 102 was the one committee in support, and the two committees in opposition were No on Prop 102 and Arizona Together Opposed to Prop 102.


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