On the same day Bisbee City Council is set to make the city the first in Arizona to allow same-sex marriage, the attorney general has issued a letter to city council, claiming the ordinance would be unconstitutional and would be followed by court action to stop it.
Attorney General Tom Horne said that Senator Gail Griffin, Representative David Gowan and Representative David Stevens, all members of Bisbee legislature,have expressed concerns over the constitutionality of the ordinance.
"The ordinance seeks to change seven separate state statutes within the boundaries of the city, dealing with issues such as community property, inheritance of property, and appointment of personal representatives," Horne said. "The only proper way to change a statute is through the Legislature, not through actions of the city council attempting to change a state statute within its boundaries."
Horne said that his job is to enforce current laws and respond to state legislature complaints. "If the ordinance is passed, the office will initiate a special action in the Courts to enjoin it."
But Bisbee City Attorney John MacKinnon says the ordinance's impact would only apply to city personnel policies.
Copyright 2013 Tucson News Now. All rights reserved. The Associated Press contributed to this report.
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