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ARIZONA TOGETHER v. BREWER

No. CV-06-0277-AP/EL.

149 P.3d 742 (2007)

ARIZONA TOGETHER, an unincorporated association; Kaitlin Meadows; Albert Lannon; Amalia Antonioli; Frank Montoya; Al Brezney; Maxine Piatt; Paul Knobbe; Teresa Hewitt; Glen Cromer; and Rebecca Miller, Plaintiffs-Appellants, v. Janice K. BREWER, in her official capacity as Secretary of State for the State of Arizona, Defendant-Appellee, and Protect Marriage Arizona, an unincorporated association, Real Party in Interest.

Supreme Court of Arizona, En Banc.

January 12, 2007.

Attorney(s) appearing for the Case

Gammage & Burnham PLC by Lisa T. Hauser, Mark H. Wagner and Perkins Coie Brown & Bain PA by Charles A. Blanchard, Michael T. Liburdi, Craig A. Morgan, Phoenix, Attorneys for Arizona Together, Kaitlin Meadows, Albert Lannon, Amalia Antonioli, Frank Montoya, Al Brezney, Maxine Piatt, Paul Knobbe, Teresa Hewitt, Glen Cromer, and Rebecca Miller.

Terri Skladany, Acting Arizona Attorney General1 by Diana L. Varela, Assistant Attorney General, Emma Lehner Mamaluy, Assistant Attorney General, Phoenix, Attorneys for Janice K. Brewer, Secretary of State for the State of Arizona.

Center For Arizona Policy by Peter A. Gentala, and Alliance Defense Fund Law center by Benjamin W. Bull, Glen Lavy, Dale Schowengerdt, Scottsdale, Attorneys for Protect Marriage Arizona.

Institute for Justice by Timothy D. Keller, Jennifer M. Perkins, Phoenix, Attorneys for Amicus Curiae Institute for Justice Arizona Chapter.

Coppersmith Gordon Schermer Owens & Nelson PLC by Andrew S. Gordon, Phoenix, Attorney for Amici Curiae Peter W. Likins and Phil Gordon.

OPINION

McGREGOR, Chief Justice.

¶ 1 The question presented is whether Proposition 107, a constitutional amendment proposed by voter initiative, complies with the separate amendment rule of Article 21, Section 1 of the Arizona Constitution. Proposition 107 would amend the constitution by adding a new Article 30 defining "marriage" and prohibiting the state and its political subdivisions from creating or recognizing a legal status for unmarried persons...

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