tucson-1.thumbnail.jpg A clerk issued lesbian couple a marriage license Wednesday in Tuscon, Arizona, despite the the state’s newly passed Proposition 102 which states:

Only a union of one man and one woman shall be valid or recognized as a marriage in this state.

Same-sex marriage was already prohibited by statute in Arizona.  The couple–Sheri and Theresa–requested a license and had to swear an oath that:

all information contained on the form is true and that any incorrect or misleading information would be grounds for perjury.

They were told that if they swore the oath they would be

attesting to the information you have provided on the form. (emphasis added)

Since they had not written the genders because the forms are are pre-printed, Sheri and Theresa submitted the form, took the oath, and the license was issued to them.

The application form has sections reading 

GROOM (MALE)              BRIDE  (FEMALE)

Simultaneously two men, Michael and Jesse, applied for a marriage license with a different clerk and were told that if they changed ‘female’ to ‘male’ on the form–thus indicating both parties were male –the document would be invalid. The clerk informed them that if they left the female part intact, the license could be issued if the couple took the oath that all the information was true and correct. Since men would not commit perjury, the license was denied.

The Clerk of Court claims that Therea and Sheri’s license was issued as a result of  “fraud,”  as that the couple lied about both being women (!?!). However, the male couple present denies this reporting to Rainbow Footsoldiers:

Michael and I were being denied a license at the same time two windows away. Originally the couple [Sheri and Theresa] filled out a form with the same information we did by scratching out the gender portion. Then they returned for a second form that they filled out without the scratch out. Neither appear to be a man and they clearly told the clerk they were both female and she issued the license with her supervisor watching.

 Rainbow Footsoldiers has updated with this:

Marriage Equality USA has consulted a local family lawyer who says that the license application in Pima County is not legal as the statute does not require someone to swear to their gender. Therefore, the license should be valid because the form exceeds the statute laying out how the form should be worded. 

The Tucson marriage license applications were part of marriage counter actions taking place across the country during Freedom to Marry Week.

Lisa Derrick

Lisa Derrick

Los Angeles native, attended UC Berkeley and Loyola Marymount University before punk rock and logophilia overtook her life. Worked as nightclub columnist, pop culture journalist and was a Hollywood housewife before writing for and editing Sacred History Magazine. Then she discovered the thrill of politics. She also appears frequently on the Dave Fanning Show, one of Ireland's most popular radio broadcasts.

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