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.
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.
