Wednesday, May 12, 2010

Minnesota DOMA challenged: Benson v. Alverson

Benson v. Alverson, complaint, No. ____ (Minn. Hennepin County Dist. Ct. May 7, 2010)

On May 7th, three same-sex couples in Minnesota - and a couple's baby - filed a lawsuit in to invalidate the state DOMA. (Minn. §§ 517.01 & 517.03, subd. 1(a)(4), as amended by Act of June 2, 1997, No. 203, Art. 10, §§ 2-3) They also seek an injunction requiring the Hennepin County registrar to issue marriage licenses to otherwise qualified, same-sex couple applicants, including the plaintiffs. They allege state constitutional violations of due process, equal protection, freedom of conscience, freedom of association, and the single-subject rule for statutory enactment.

Marry Me Minnesota sponsors the costs of plaintiff representation. I am not sure why they claim that the case challenges Baker v. Nelson, 191 N.W.2d 185 (Minn. 1971), appeal dismissed for want of a substantial federal question, 409 U.S. 810 (1972). Unlike Baker, Benson involves only state constitutional questions.

For news about the case, see, The Minnesota Independent, The Star-Tribune, and AP.

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