Juniors Alexander Mach (right) and Michael Howard sit outside of the Tempe City Hall Building. The City of Tempe has expressed interest in legalizing civil unions, and although Mach and Howard’s relationship is fairly new, they say they are excited by the city’s progressive attitude toward gay rights. (Photo by Hector Salas Almeida)
The city of Tempe is considering legalizing civil unions despite a statewide ban on same-sex marriage.
The city of Bisbee's recent passage of a civil-union ordinance influenced Councilman Kolby Granville to initiate a similar discussion in Tempe.
“I asked our city attorney to look at it all,” Granville said. “We are really in a fact mission to find out if what Bisbee did is legally permissible.”
Granville said Tempe has a history of being a largely progressive city in Arizona. He said although Tempe should join Bisbee in leading Arizona to equal rights for same-sex couples, it's important for every person living in the state to fight for equal rights.
Although Granville is a member of the Human Rights Campaign, he said he would not consider himself a gay activist, but an equal rights activist.
Councilman Kenneth Budge of the Bisbee city council said Tempe, along with other large cities such as Tucson, was one of the first cities in Arizona to grant rights to same-sex couples in a working environment.
Budge said Bisbee went further in its ordinance, going into effect in May, by allowing additional benefits for same-sex couples including owning a joint property and inheriting property.
“If it's right for our employees, it should be right for every person in town,” Budge said.
He said the pending lawsuit against the city is a battle Bisbee residents are willing to fight. Tempe's attempt to follow Bisbee in a similar ordinance for civil unions is great for Arizona, Budge said.
“The more that want to get on board ... the better,” Budge said. “What I've been saying is, 'The train is leaving the station, so get on board.'”
The Tempe city council had its first private executive meeting for discussing the possibility of issuing an ordinance similar to that of Bisbee on Thursday.
Judi Baumann, the interim city attorney for Tempe, said details from Thursday's meeting are confidential at this time, because the meeting was governed by attorney-client privilege.
“Civil-union laws were placed on the agenda for the city of Tempe’s executive session,” Baumann said. “And, consistent with state law, no final action was taken.”
Granville said no final action will be taken until the legality of the ordinance is determined.
He added that the council has not yet determined the details of additional benefits that the potential ordinance could bring to same-sex couples, because the council is focusing on whether or not Tempe has the power to legalize civil unions.
He said the Arizona constitution states marriage is defined as a legal union between a man and a woman, banning same-sex marriage throughout the state.
With a pending lawsuit from the Arizona Attorney General Tom Horne against Bisbee, Granville said it is still unclear if Tempe can follow Bisbee and legally pass an ordinance granting same-sex couples similar rights to those of married couples.
“If it's something that could be legal, could a city like Tempe do the same thing?” he said. “We don't know yet.”
Budge said passing the ordinance in Bisbee is worth the fight against the possible lawsuit.
“We knew something might be coming down from ... the Attorney General's office,” he said. “I'm taking it one day at a time, and we have to deal with (the lawsuit) as it occurs.”
Granville said Tempe should continue to strive for equal rights despite the possibility of a lawsuit.
“When it comes to treating all people equally, the threat of a lawsuit shouldn't be a contributing factor,” he said. “(Horne) is not the determiner of a the law, the court is.”
Reach the reporter at wpogden@asu.edu or follow her on Twitter @whitneyparis10
