Why does Respect for Marriage Arizona have to be a constitutional amendment?

Respect for Marriage Arizona has to be a constitutional amendment because the ban on same‑sex marriage is written directly into Arizona’s constitution, so the only way to remove and replace that discriminatory language is with another voter‑approved amendment.

What’s in the Arizona Constitution now

• In 2008, voters passed Proposition 102, which added Article 30 to the Arizona Constitution stating that “only a union of one man and one woman shall be valid or recognized as a marriage in this state.”

• Because this definition sits in the constitution, the legislature cannot fix it with a regular bill; it can only be changed by another constitutional amendment that voters approve.

Why existing marriage equality isn’t enough

• Same-sex marriage is currently legal in Arizona because federal courts, following U.S. Supreme Court decisions on marriage equality, struck down the state’s bans. However, the original one-man/one-woman definition of marriage still remains in Arizona’s state constitution.

• These protections rely on past Supreme Court rulings, including Obergefell v. Hodges. Because some justices have suggested those decisions could be reconsidered, adding protections at the state constitutional level is seen as a way to safeguard marriage equality if federal precedent changes.

What the amendment would do

• Measures like Respect for Marriage Arizona are designed to delete the outdated one‑man/one‑woman clause and replace it with language guaranteeing that civil marriage between two people cannot be denied or invalidated because of sex, race, or similar characteristics.

• That approach makes Arizona’s highest law match what is already happening in people’s lives, ensuring that all marriages are treated equally and that future legislatures or courts cannot easily roll those rights back.