By John Mack Freeman
In a move that surprised many, Governor Doug Ducey of Arizona (R) revoked that state’s ban on adoption by same-sex couples. According to a spokesman, the voiding of a Department of Child Safety mandate came this week because the governor just learned of the policy. Although Ducey has strong ties to several anti-LGBT lobbying groups, his strong advocacy for increasing adoption rates in the state has trumped any other concerns he may have had. Governor Ducey also vetoed a law that would have barred same-sex adoptions earlier this month.
However, newly-elected Attorney General Mark Brnovich, who was sworn into office in January, subsequently advised Flanagan that allowing gays to wed did not reverse other Arizona laws, resulting in Flanagan’s February policy disallowing gay adoptions.
Most notable among those laws Brnovich cited was one which says only “a husband and wife may jointly adopt children.” Another says “placement preference shall be with a married man and woman.”
The other legal issue is that while the Arizona ban on same-sex marriage has been voided, the U.S. Supreme Court has yet to rule on cases from other states. That raises the possibility the federal court order here allowing gays to wed — and, presumably, making their unions equal with opposite-sex couples — ultimately could be voided.
