Void and prohibited marriages
A. Marriage between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins, is prohibited and void.
B. Notwithstanding subsection A, first cousins may marry if both are sixty-five years of age or older or if one or both first cousins are under sixty-five years of age, upon approval of any superior court judge in the state if proof has been presented to the judge that one of the cousins is unable to reproduce.
C. Marriage between persons of the same sex is void and prohibited.
(Arizona Revised Statutes Section 25-101)
Marriages contracted in another state; validity and effect
A. Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by § 25-101.
B. Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state, except marriages that are void and prohibited by § 25-101.
C. Parties residing in this state may not evade the laws of this state relating to marriage by going to another state or country for solemnization of the marriage.
(Arizona Revised Statutes Section 25-112)
Stanhardt v. Superior Court, 77 P.3d 451 (2003), review denied (May 25, 2004)
Relying in significant part upon the Supreme Court’s decision in Lawrence v. Texas, two men filed a special action in the Court of Appeals seeking a marriage license. The Court of Appeals held that there is no fundamental right to same-sex “marriage,” and that Lawrence had no bearing on the case.