Bill giving AZ county attorneys leeway on adoptions vetoed

Phoenix (AP) — Arizona Gov. Doug Ducey said Tuesday he vetoed a bill that would have freed county attorneys from a legal mandate to help with adoptions because he wants to see more adoptions, regardless of who the parents are.

The law was seen by some as a way for county attorneys to avoid helping gay couples with adoptions.

Asked if it matters that the parents are gay or straight, Ducey said what's most important is that that children in foster care get real families. "I want to see adoptions, I want to see adoptions done legally into loving homes with loving families," the governor said.

House Bill 2296 was pushed by Maricopa County Attorney Bill Montgomery with the stated intent of freeing up resources for more pressing matters. It was vetoed by the governor Monday evening.

The bill in recent weeks has been caught up in the debate over gay marriage after Montgomery set a policy of not helping gay couples adopt. Montgomery said that in his analysis federal court rulings overturning Arizona's ban on gay marriage didn't affect the state's adoption laws and he's under no legal obligation to help gays adopt.

Arizona law specifically requires county attorneys to help with adoption petitions when they are not contested. But Montgomery said there's nothing in that law that requires him to serve same-sex couples.

Montgomery spokesman Jerry Cobb said Tuesday that the veto doesn't change Montgomery's position or the law. The veto just prevents Montgomery from redeploying his attorneys from adoption cases to prosecutions or other public safety areas, Cobb said.

"The situation hasn't changed, and his position hasn't changed," Cobb said. "The law says husband and wife and the law references adoptions. The 9th Circuit ruling doesn't address that."

An attorney for a group that sued to overturn Arizona's ban on gay marriage said Montgomery's position is legally wrong and will lead to unnecessary costs for taxpayers.

Jennifer Pizer, senior counsel at Lambda Legal, an LGBT-rights group, said that last year's 9th U.S. Circuit Court of Appeals and U.S. District Court rulings means gay marriage is legal in Arizona and comes with all the rights of a straight marriage

"Married is married for all purposes under Arizona law," Pizer said in an email. "If Mr. Montgomery and his office insist on having this litigated afresh, it will be a waste of taxpayer resources and an insult to the good people of Maricopa County who deserve senior level legal analysis that takes seriously the constitutional analysis of our federal courts.

Ducey said he's focused on ensuring that more than 17,000 children who are now wards of the state get good homes.

"So the North Star for me is I want to see more adoptions, I want to see more kids in loving homes under the legal structure," he said. "And that's something that I'm going to continue to be an advocate for."

By Bob Christie, Associated Press. Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

The Gayly – April 15, 2015 @ 8:30am.