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Appeals Court To Hear Arguments On Same-Sex Marriage Bans

Published: Monday, September 8, 2014 - 7:33am

The 9th U.S. Circuit Court of Appeals will hear arguments this afternoon on same-sex marriage bans in three states. And, even though Arizona’s isn’t one of them, ASU law professor Paul Bender says what the judges decide in the cases from Hawaii, Nevada and Idaho will still matter here.

"Arizona has a ban on gay marriage that is basically identical to the bans that the 9th circuit’s gonna be considering on Monday," Bender said. "So, if the 9th circuit were to hold that those bans are unconstitutional, that would mean that they’d hold that the Arizona ban was unconstitutional."

Bender says if that decision were to stand, Arizona would have to do away with its ban. Conversely, if the 9th circuit found the bans to be constitutional, and that decision were upheld, Arizona’s ban would be preserved. Bender says it’s almost certain the U.S. Supreme Court will eventually take up the issue.