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STANDHARDT v. SUPERIOR COURT

No. 1 CA-SA 03-0150.

77 P.3d 451 (2003)

206 Ariz. 276

Harold Donald STANDHARDT, a single man; Tod Alan Keltner, a single man, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA; Michael K. Jeanes, the Clerk of the Court, Respondents, State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department E.

October 8, 2003.

Attorney(s) appearing for the Case

Kent & Ryan, P.L.C., By Michael S. Ryan, Candace H. Kent, Phoenix, Attorneys for Petitioners.

Terry Goddard, Arizona Attorney General, By Kathleen P. Sweeney, Assistant Attorney General, Phoenix, Attorneys for Real Party in Interest State of Arizona.

Alliance Defense Fund Law Center, By Benjamin W. Bull, Gary S. McCaleb, Joshua W. Carden, Scottsdale, Attorneys for Amicus Curiae Senator Mark Anderson.

American Civil Liberties Union Foundation, By Pamela K. Sutherland, Legal Director, Arizona Civil Liberties Union/Foundation, New York, Tucson, Amicus Curiae.

OPINION

TIMMER, Presiding Judge.

¶ 1 Recently, in Lawrence v. Texas, 539 U.S. ___, ___, 123 S.Ct. 2472, 2484, 156 L.Ed.2d 508 (2003), the United States Supreme Court struck a Texas statute that prohibited certain sexual activity between persons of the same sex. The Court reasoned that the statute impermissibly infringed on homosexuals' liberty interest under the Due Process Clause of the Fourteenth Amendment to the United States Constitution...

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