Doty-Perez v. Doty-Perez

THUMMA, Chief Judge:

¶ 1 In this family law case, Tonya L. Doty-Perez (Tonya) appeals from an order finding Arizona Revised Statute (A.R.S) section 25-409(C)(2) (2018) unconstitutional as applied. For the reasons that follow, this court vacates that finding and remands for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

¶ 2 Tonya and Susan Doty-Perez (Susan) were married in Iowa in 2011, at a time when Iowa recognized same-sex marriage but Arizona did not. Later, the couple moved to Arizona and decided to adopt four children. At that time, Arizona law did not allow…