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ADF asks court to uphold Ariz. marriage laws

ADF attorneys file motion for summary judgment

Tuesday, Jun 10, 2014
PHOENIX — Alliance Defending Freedom attorneys, jointly with the Arizona Solicitor General’s office, filed a motion Tuesday with a federal court to defend Arizona’s laws affirming marriage as the union of one man and one woman.

“Marriage expresses the reality that men and women bring distinct, irreplaceable gifts to family life, especially for children who deserve both a mom and a dad,” said Senior Counsel Byron Babione. “That is why Arizonans approved a constitutional amendment to affirm marriage as the union of one man and one woman. The court should uphold the right of Arizonans to define marriage consistent with this public policy, which is motivated by their concern over what’s best for children and society.”

ADF attorneys were appointed by Attorney General Tom Horne to assist the Arizona Solicitor General’s office in defending the state’s marriage laws after six same-sex couples sued county clerks in Pinal County, Maricopa County, and Coconino County.

According to the brief filed with the U.S. District Court for the District of Arizona in the case, Connolly v. Roche: “[M]arriage has always existed to channel the presumptive procreative potential of man-woman relationships into committed unions in order to join children to both their mother and their father. Nevertheless, some now seek to redefine marriage from a gendered to a genderless institution, while many others legitimately believe that such a change would obscure marriage’s animating purpose and undermine its social utility. So far, the States have reached differing decisions on this important question. Yet Plaintiffs, discontented with the sovereign decision of Arizonans, argue that the public debate about the meaning, purpose, and future of marriage was meaningless… But Plaintiffs are mistaken. The Constitution has not removed this question from the People.”

"The laws of Arizona have always reflected the man-woman nature of marriage,” added ADF Legal Counsel Jim Campbell. “The court should not endorse the recently conceived notion that marriage is about special government recognition for adult relationships, but instead should uphold the time-honored laws preserving marriage as the union of one man and one woman.”
 
  • Pronunciation guide: Babione (BABB'-ee-own)
 
Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
 
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ABOUT Jim Campbell

Jim Campbell serves as chief legal counsel with Alliance Defending Freedom, where he leads the U.S. Legal Advocacy team. In that role, Campbell oversees all U.S. litigation teams, Allied Legal Affairs, the Church and Ministry Alliance, and advocacy strategy. Prior to joining ADF in March 2023, Campbell was the solicitor general in the office of Nebraska Attorney General Douglas J. Peterson and Michael T. Hilgers. In that role, he represented the state of Nebraska in cases before state and federal courts and oversaw all civil appeals for the state. In February 2023, Campbell argued Biden v. Nebraska before the U.S. Supreme Court, a case in which Nebraska and five other states challenged the Biden administration’s attempt to forgive over $400 billion in federal student loans for over 40 million individuals. Before joining the Nebraska attorney general’s office in January 2020, Campbell worked as senior counsel with ADF. He earned his Juris Doctor from the University of Akron School of Law, where he graduated summa cum laude in 2006. Following law school, he clerked for the Honorable Alice M. Batchelder of the U.S. Court of Appeals for the 6th Circuit. Campbell is admitted to the state bars of Ohio, Arizona, and Nebraska. He is also admitted to multiple federal district and appellate courts, including the U.S. Supreme Court.