Judge: Ruling key to Arizona gay marriage ban

Posted: Updated:

PHOENIX (AP) -- The federal judge considering challenges to Arizona's same-sex marriage ban says the outcome appears to be dictated by an appellate court's ruling overturning two other states' bans.

An order issued Thursday by U.S. District Judge John Sedwick says the sides in one of the Arizona cases can submit briefs discussing the 9th U.S. Circuit Court of Appeals ruling.

That ruling issued Tuesday overturned bans in Idaho and Nevada.

Arizona is part of the 9th Circuit, and Sedwick says the appellate court's ruling in the other states apparently "controls the outcome" of the Arizona case.

In a September ruling involving the death of one Arizona plaintiff, Sedwick said Arizona's ban probably conflicts with the Constitution. He allowed the surviving spouse to be listed on the death certificate.

Related stories