Arizona Legislators Leave Loophole for Religious Discrimination Against Same-Sex Marriage

Published Monday, Jun. 15th, 2026

Arizona SB 1573 aims to restrict religious laws in courts but includes a marriage exception. AMM breaks down how this might impact marriage equality.

The Arizona state capitol building in Phoenix — (Photo: lucky-photographer / iStock)

Legislation passed in Arizona last week appears to create risk of legal discrimination against same-sex marriages

There’s a bill sitting on Arizona Governor Katie Hobbs’ desk right now, waiting to be signed into law, that you should probably know about. Legislators claim it will protect Americans from religious discrimination in the courtroom, but they included a glaring exception for a religious, sectarian definition of marriage.

Here’s what to know about Arizona Senate Bill 1573, which Gov. Hobbs may or may not veto in the coming days.

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About AZ SB 1573, which was passed by the House and Senate this session

The legislation is ostensibly about keeping religious influence out of legal rulings – specifically inside the courtroom. It says, “A court shall not rely on any religious sectarian law as controlling or persuasive authority,” before mentioning the 10th and 9th Amendments of the Constitution, which give states the power to make their own laws, and protect individual rights and freedoms.

But soon after, the legislation seems to contradict itself. It says this law doesn’t apply to certain religious definitions of marriage:

“This section does not apply to: The recognition of a traditional marriage between a man and a woman as officiated by the clergy or a secular official of the matrimonial couple's choice.”

So, which is it? While legislators claim to want to keep religious influences out of our courts, they also seem ok with allowing a traditional, sectarian definition of marriage to influence Arizona law.

The exception suggests the issue isn’t actually about religion’s place in the courtroom – but perhaps some lawmakers’ opinions about which religions have a place in the courtroom.

Since Arizona is already one of the few states with covenant marriage laws, which create unique legal guidelines for the religious opposite-sex couples who choose one, what does this new legislation add to the equation? It's hard for us to say for sure.

This bill is part of a wider legislative trend, seen mostly among conservative lawmakers, who have claimed that Sharia Law is infiltrating the American legal system. A bill defining and prohibiting "foreign laws" in general, and Sharia law in specific, was just passed in Arizona this month in fact, and similar bills have been considered in Mississippi (MS HB966), Idaho (ID H0602), South Carolina (SC H4671), Missouri (MO SB977), and elsewhere. There’s no credible evidence that this is happening however, and there are no state or federal courts operating under or adopting Islamic law.

The bill also seems to be yet another effort to create separate protections for opposite-sex marriages and same-sex marriages – efforts which aim to weaken state protections for marriage equality, while fueling debates over the federal protections established by Obergefell v. Hodges.

And during LGBTQIA+ Pride Month, no less!

We’ll just have to wait and see what action Gov. Hobbs decides to take with this one. A decision must be made by late June, and if she doesn't sign or veto, the bill will automatically become law.

In the meantime, we’ll be out enjoying the joyful Pride events in our city, and continue to advocate for love and marriage for all. We hope you are too!

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Jessica Levey

Content Manager; Lead Staff Writer & Illustrator

Jessica Levey is a writer, illustrator, and content manager at American Marriage Ministries, where she writes about marriage law and wedding industry trends. She holds a degree in Strategic Communications and has a background in trade journalism, with experience in data-informed, people-first reporting, SEO / AEO. She was ordained with AMM in 2020 and is an advocate for marriage equality, LGBTQ+ rights, and individuality. In her personal time, Jessica writes, illustrates, and makes comics and zines independently at hellojesslevey.com.

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