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Minn. appellate court revives gay marriage lawsuit

Posted: January 23, 2012 - 5:58pm

MINNEAPOLIS (AP) — The Minnesota Court of Appeals on Monday revived a lawsuit challenging the state’s law against gay marriage, ordering a district judge to take another look at the case just months ahead of what’s expected to be a bitter fight over a constitutional ban on gay marriage.

A three-judge panel ruled that a Hennepin County district judge didn’t sufficiently consider claims in the lawsuit that the statute violates 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.

Douglas Benson, one of several plaintiffs, said he was delighted by the ruling. Benson had tried to get a marriage license in Hennepin County to wed his partner of 21 years.

“We look forward to winning our constitutional right for same-sex couples to marry in the state, and we’re going to keep at it for as long as it takes,” Benton said.

Voters will decide in November whether to amend the Minnesota Constitution to require that marriage only be between one man and one woman. Supporters of the amendment jumped on Monday’s ruling as evidence that the amendment was needed.

“The fact that three judges of our court of appeals concluded that there might not be even one reasonable basis for limiting marriage to one man and one woman should be a wake-up call to Minnesotans who believe that our marriage laws are safe,” Jason Adkins, executive director of the Minnesota Catholic Conference and vice chairman of the group Minnesota for Marriage, said in a statement.

“The only way for Minnesotans to ensure that an activist judge doesn’t decide to redefine marriage is to put our historic definition of marriage in our state constitution, beyond the reach of state judges and politicians.”

The appellate court upheld the district judge’s ruling that DOMA does not violate the single-subject provision of the Minnesota Constitution; that DOMA does not violate the plaintiffs’ freedom of religion; and that the state of Minnesota is not a proper party to the lawsuit.

The case was considered by Judges Jill Flaskamp Halbrooks, Terri Stoneburner and Renee Worke.

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pdnet15
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pdnet15 01/23/12 - 10:01 pm
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There's always someone

who just pines for attention, and these three stooges fit that bill! There wouldn't even be a discussion if homosexuals and their ilk weren't worried that the voters might not be as supportive as they think.

pdnet15
15785
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pdnet15 01/24/12 - 04:58 pm
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Yeah scary

You've run that one in the ground. Are you jealous that Newt gets more women than you?

pdnet15
15785
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pdnet15 01/24/12 - 09:07 pm
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So are you trying to equate

someone who has been divorced with gay rights? Hardly. Or do you believe that only dems have the right to divorce and remarry, or is it that only dems have the right to bring up social issues? Or do you turn a blind eye when dems and liberals stray? You must love Clinton and Edwards and the rest of those PhDs, Philandering Democrats. Should we mention Gary Hart, or Ted Kennedy? Or maybe you believe that Obama is so pure that he's above the whole social issue thing. If I remember correctly, this was a guy who admitted cocaine use and alcohol abuse. Funny how the main stream media seemed to have ignored that!

jomammy
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jomammy 01/25/12 - 08:02 am
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every woman

Unpublished

on here should be flaging eywolfs crude and ofensive remark and the moderator should remove it and him..

NanLee60
14724
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NanLee60 01/25/12 - 09:06 am
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eyolf

Eyolf is pretty tame compared to p****dnet.
Always has panties in a bunch. Or tidy whitey's in a wedge.

jomammy
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jomammy 01/25/12 - 10:16 am
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lotsa folks

Unpublished

been banned for nicer words than that G word and how he used it in that post. it shows bias by dispatch. nasty sexist statement by a lib.

Denton Newman Jr
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Denton Newman Jr 01/25/12 - 11:56 am
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Re: lotsa folks

There aren't any 'nicer words' but you're mostly correct jomammy - that word, used in that context, is unacceptable and I've removed eyolf's post.

Unfortunately word filters won't work in this instance because there are other meaningful contexts for that word.

Anniejack12
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Anniejack12 01/25/12 - 12:15 pm
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Why do you libs always revert

Why do you libs always revert to name calling when you disagree with someone. Can't we all just get along????? NOT

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