NOM BLOG

Minnesota Appellate Court Revives Gay Marriage Lawsuit

 

Yet another reason why this November's marriage amendment in Minnesota is necessary and timely:

A lawsuit challenging the state's law against gay marriage was revived Monday by the Minnesota Court of Appeals.

A three-judge panel ruled that a Hennepin County district judge didn't sufficiently consider claims that the law violated the plaintiffs' due process, equal protection and freedom of association rights, and sent the case back to the district court for review.

The 2010 lawsuit challenged the Defense of Marriage Act passed in 1997, known as DOMA. The district judge's ruling relied heavily on a 1971 Minnesota Supreme Court decision that said gay marriage was prohibited by state statute.

But the appellate court said the district judge didn't properly analyze the couples' claims that their due process, equal protection and freedom of association rights were violated. -- The Associated Pres