Arizona Domestic Partnership and Same-Sex Marriage Laws

By Olivia Wathne, Esq. | Legally reviewed by Melissa Bender, Esq. | Last reviewed July 16, 2024

Though marriage is the most common way for a couple to make a legal commitment to each other, some states have alternatives to marriage: civil unions or domestic partnerships. Of course, before same-sex marriage became legal, these alternatives were the only option for same-sex couples.

While same-sex couples can now get married, there are two cities in the state of Arizona where couples can choose to register as domestic partners instead of getting married.

Same-Sex Marriage in Arizona

Although certain states still have laws prohibiting same-sex marriage, the U.S. Supreme Court's decision in Obergefell v. Hodges made it legal in every state. In Arizona, same-sex marriage became legal in October 2014 through decisions in two cases: Connolly v. Jeanes and Majors v. Horne. Before these decisions, Arizona law banned marriage between same-sex partners through a statute (since 1996) and a state constitutional amendment (added in 2008).

Overview of Arizona Domestic Partnership Laws

Arizona doesn't have laws recognizing domestic partnerships, but some Arizona cities do. The following table has information about Arizona cities with domestic partnership registries and links to relevant websites.

Relevant statutes	No statewide statutes addressing domestic partnerships in Arizona.
Arizona cities with domestic partnership registries	Phoenix and Tucson* permit couples — same-sex and opposite-sex — to register as domestic partners and file a declaration of domestic partnership. *The "Tucson Domestic Partnership Ordinance" was later changed to the "Tucson Civil Union Ordinance."
Requirements to register as domestic partners in Phoenix	To register as domestic partners in Phoenix, each person in the couple: Must live in Phoenix and share a home Must be at least 18 years old and competent to enter into a contract Can't be related by blood closer than what's prohibited by Arizona marriage laws Can't already be in a marriage, domestic partnership, or civil union with someone else The couple must also be committed and share responsibility for each other's common welfare.
Requirements to register as civil union partners in Tucson	To register as civil union partners in Tucson, each person in the couple: Must be at least 18 years old Can't be related by blood closer than what's allowed by Arizona marriage laws Competent to enter into a contract Can't already be married, in a domestic partnership, or civil union with someone else. The couple must also share a primary home and be in a relationship of mutual support.
Related Statutes	Arizona Revised Statutes, Title 25: Chapter 1, Section 25-101, et seq. (Marriage) Chapter 7, Section 25-901, et seq. (Covenant Marriage)

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Legal Rights Under a Domestic Partnership

In Arizona, domestic partnerships do not offer the same legal rights as marriage. But partners can still secure certain legal protections through various agreements. These agreements can cover joint property ownership, health care directives, and powers of attorney, ensuring some security. While the state doesn't recognize domestic partners. These include health insurance coverage and bereavement leave. Partners can also establish agreements about property division, child support, and parental rights to safeguard their interests during a separation.