Tuesday, December 16, 2008

CAP: State Bar, school choice, and same-sex marriage

In this issue:

1) Thank You, Peter!
2) Watch the Arizona Supreme Court In Action!
3) State Bar Lurches Left Once Again
4) City of Phoenix to Recognize Same-Sex Relationships


1) Thank You, Peter!

This week is a bittersweet one for our team. CAP General Counsel Peter Gentala has resigned his position at CAP to pursue a new calling. Incoming Speaker of the House Rep. Kirk Adams asked Peter to serve as his new general counsel to the majority caucus.
For over four years, Peter has worn a number of hats at CAP. He's been our chief litigator and legal brief writer, keeping watch for legal cases and issues impacting our families and our religious freedom. Peter's drafted legislation and testified on bills. He's been our general counsel, making sure we're in compliance with all applicable laws and regulations. For both marriage amendment campaigns, Peter served as the legal counsel, pouring his heart and wisdom into making sure marriage is defined in our state as the union of one man and one woman. Most of all, Peter has been a key team member, working alongside me and the entire CAP team to further our mission to defend and protect the timeless family values we share. I've greatly appreciated and valued his wisdom, intellect, and advice!
We'll all miss him, but we're also happy for Peter and the State of Arizona to see Peter move on to a position of influence within our state government. If you'd like to send Peter a note of thanks for his service at CAP and best wishes for this new adventure, please email him at pgentala@azpolicy.org.


2) Watch the Arizona Supreme Court In Action!

Last Tuesday, the Arizona Supreme Court heard arguments in the school choice case of Cain v. Horne. The outcome hinges on whether the state constitution's prohibition of direct aid to sectarian schools precludes a parent from being given a voucher by the state to find the school most appropriate for their children's needs. As we reported to you, CAP filed anamicus brief arguing the law is constitutional. This report by Channel 8 provides an interesting glimpse into the hearing and the issues involved.


3) State Bar Lurches Left Once Again

The State Bar of Arizona has proposed a change in the oath lawyers take when being sworn in as new lawyers. The change adds "sexual orientation" to the oath, resulting in lawyers having to pledge a duty of care to clients regardless of their race, gender, or sexual orientation. I joined an esteem group of constitutional lawyers opposing this change. Read our letter and Espresso Pundit's blog post here.


4) City of Phoenix to Recognize Same-Sex Relationships

On Wednesday, the Phoenix City Council will consider a domestic partner registry ordinance. The registry would allow same-sex couples to register as domestic partners if they sign an affidavit stating they are in a committed relationship, are not married to another individual, share a residence, and are 18 years or older. Sounds like a marriage equivalent or counterfeit to me. The purported reason for the registry is to grant hospital visitation rights for domestic partners at any health care facility located in Phoenix. State law, however, already grants such rights. If this problem exists in any way, the answer is simply not to allow hospitals to restrict visitation rights. The real purpose of the registry is to grant a legal status to unmarried couples, whether same-sex or opposite- sex.
CAP opposes this ordinance. If you reside in the City of Phoenix, you can contact your council member and Mayor Phil Gordon by phone or e-mail to let them know that you oppose creating a domestic partner registry. View this map to find your City Council district.

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