Gallegos Seek Temporary Shield from Arizona Court to Keep Divorce Records Under Wraps

U.S. Congressman Ruben Gallego and Phoenix Mayor Kate Gallego have appealed to the Arizona Supreme Court to extend the stay on the release of their divorce records, in an effort to thwart a legal dispute with the Washington Free Beacon, a conservative news outlet. The current stay is set to end this Thursday.

Both politicians, aligned with the Democratic Party, have claimed that the lawsuit filed by the Free Beacon to unseal their divorce records is politically motivated. Ruben is vying for a U.S. Senate seat, while Kate seeks reelection as mayor of Phoenix.

“The privacy and safety interests of the Gallegos’ minor child continue to justify sealing any references to him in the record, especially when the Gallegos presented unrebutted evidence of threats they and their child have faced,” stated Daniel Arellano, the attorney representing them, in a motion submitted this week.

The Free Beacon’s editorial board has expressed that their lawsuit aims to allow the public to verify statements made by Gallego regarding his divorce, given his public discussions about the matter.

Ruben and Kate’s marriage, which started in 2010, progressed to divorce proceedings in December 2016, with their son born shortly thereafter in January 2017. In Arizona, sealing divorce records is uncommon; however, in 2016, Yavapai County Superior Court agreed to seal the Gallegos’ records, citing the privacy interests outweighing public access.

After the Beacon’s lawsuit, the Gallegos proposed releasing a redacted version of their records to keep sensitive financial and personal information private. While the court allowed some redactions, the Gallegos appealed the decision, and the Court of Appeals upheld the lower court’s ruling on October 10.

Arellano emphasized the importance of protecting their child, indicating that the records contain intimate details about their parenting plans. He further stated that even if they attempt another appeal within the 30 days allowed, the harm of unsealing the records would already be done if the stay is not extended.

“Without an order from this Court before October 17 further staying the Superior Court’s decision while the Gallegos seek review, the sealed record in this case will become public, thereby irreparably harming the privacy and safety rights they have sought to preserve,” Arellano noted.

The attorney warned that once the records are unsealed, it becomes impossible to retract that information, which would remain accessible regardless of future court decisions. Arellano asserted that the Gallegos’ right to privacy persists despite their roles as public officials.

Highlighting the situation, Arellano argued that the balance of hardships favors the Gallegos, asserting that the Washington Free Beacon would face no significant harm from delaying the record release, which is particularly critical as the general election approaches.

In March 2023, Ruben disclosed to the Washington Post that post-traumatic stress disorder from his military deployment in Iraq contributed to his divorce. He has openly discussed the challenges he faced during and after his service, including struggles with alcohol and emotional outbursts.

Kari Lake, Ruben’s Republican challenger in the Senate race, has distanced herself from the Free Beacon, yet has frequently referenced his divorce in her campaign criticisms. She declared on social media that “Arizona deserves to know what he’s hiding,” emphasizing the public’s right to scrutinize elected officials.

With early voting in Arizona having commenced on October 9, the urgency of this case is heightened as both Gallegos balance their campaign efforts alongside their personal circumstances.