House OKs gay marriage ban measure for voters

The state House voted 33-25 this afternoon to ask voters to constitutionally bar gays from being wed.

Backers of SCR 1042 acknowledged state law already limits marriage in Arizona to one man and one woman. That law has been upheld by the state Court of Appeals, a decision the state Supreme Court refused to disturb.

But Rep. Steve Yarbrough, R-Chandler, said only by putting the provision into the state constitution can foes of same-sex weddings ensure that a future court -- or a future Legislature -- cannot decide otherwise.

Today's vote sends the measure to the Senate which has yet to consider the proposal. If it is approved there, it would be placed on the November ballot.

SCR 1042 differs from Proposition 107 which was on the ballot in 2006 and narrowly defeated.

That measure not only banned same-sex marriages but also would have barred lawmakers or the courts from recognizing civil unions. It also would have forbidden government agencies from granting benefits, including insurance, to the domestic partners of public employees.

Despite that, Rep. Linda Lopez, D-Tucson, said she believes if this measure is approved in November it still could provide legal leverage for some to challenge domestic partner benefits.