The Arizona Supreme Court has declined review of Harold Standhardt and Tod Keltner’s unsuccessful attempt to persuade the courts to do to Arizona’s marriage laws (A.R.S. §§ 25-10166205(C), 125(A)) what WordPress does to special characters and the letter “c” when it’s surrounded by parentheses. Reached for comment, their attorney, Michael S. Ryan, told the Arizona Republic that:
“I’m a little bummed out.”
This case probably means the gay marriage issue is dead and buried in Arizona, but not necessarily. Unlike the earlier, more successful challenges in Hawaii, Vermont and Massachusetts, this challenge was brought under the 14th Amendment to the U.S. Constitution, as well as a similarly worded provision of the Arizona Constitution. Thus, this case could be appealed to the U.S. Supreme Court. I can think of few faster, and more thorough ways to kill the gay-marriage-by-judiciary movement than to put this issue in front of the U.S. Supreme Court. Whether this will be that case remains to be seen.
In early March, I blogged about the fact that unsuccessful court challenges to marriage laws like this one tend to get under-reported in the national news media. This time, it’s pretty much the same. the Dog Trainer does not appear to have reported on the challenge at all. The San Francisco Chronicle did, but only barely so.