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Bill

HCR 2033

same-sex marriage; constitutional right

57th Legislature - First Regular Session Introduced by Lorena Austin and 17 co-sponsors

Arizona constitutional amendment resolution proposing marriage equality as a state constitutional right, requiring voter approval if passed by legislature.

House Second Reading
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WeVote Research Nonpartisan
Bill Summary · HCR 2033

Legislative bill overview

HCR 2033 is a concurrent resolution introduced in the Arizona House that would propose a constitutional amendment to establish same-sex marriage as a constitutional right in Arizona. The bill seeks to amend the Arizona Constitution to protect marriage equality, likely responding to concerns about federal protections following recent legal developments. If passed by both chambers with the required supermajority, it would be placed on the ballot for voter approval.

Why is this important

Arizona voters narrowly rejected a same-sex marriage ban in 2008, and the state currently recognizes same-sex marriages under federal law following the 2015 Supreme Court decision in Obergefell v. Hodges. A state constitutional amendment would provide protection that cannot be easily reversed by future court decisions or legislative action, offering more durable legal security for same-sex couples in Arizona. This reflects ongoing debates about whether marriage equality should be enshrined at the state constitutional level.

Potential points of contention

  • Federalism and legal redundancy: Critics may argue that federal constitutional protections under Obergefell already guarantee marriage equality, making a state amendment unnecessary, while supporters counter that state-level protections provide additional safeguards
  • Religious liberty concerns: Opponents may raise arguments about religious exemptions and conscience protections for individuals and organizations with objections to same-sex marriage
  • Ballot measure timing and polarization: Placing this on the ballot could intensify partisan divisions in Arizona, with supporters viewing it as essential protection and opponents viewing it as unnecessary or culturally divisive

Compiled from official sources — confirm details with the bill’s official record.

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