Minnesotans react to gay marriage lawsuit

By Andy Birkey
Wednesday, May 12, 2010 at 4:45 pm

Several politicians and groups have offered their reactions to a lawsuit filed yesterday to legalize same-sex marriage in Minnesota. Openly gay state Sen. Scott Dibble, DFL-Minneapolis, said the lawsuit is understandable but not the right route to go for marriage equality, while the Minnesota Family Council, which opposes homosexuality, said that a marriage ban should be enshrined in the Minnesota Constitution to prevent the lawsuit from succeeding.

OutFront Minnesota, the state’s largest LGBT advocacy group, issued this statement about the lawsuit:

Yesterday, three Minnesota couples announced they are suing the state to invalidate the Minnesota Defense of Marriage Act. OutFront Minnesota is committed to securing Marriage Equality for same-sex couples in our state, but we do not support this lawsuit. We fully share the frustration and pain that families across Minnesota feel due to the exclusion and discrimination of our state marriage laws. For that reason, OutFront Minnesota is working to elect a pro-Equality legislature and a pro-Equality governor.

The road to Marriage Equality in Minnesota runs through the legislature, not the courts. Another judicial opinion reinforcing the discriminatory ruling of Baker v. Nelson (a 1971 Minnesota Supreme Court decision holding that same-sex couples were not entitled to seek marriage licenses) would set back progress in achieving justice for our families.

We urge supporters of Marriage Equality to use this year’s elections to pressure their candidates and elected officials to enact full Marriage Equality for same-sex couples in 2011.

Sen. Scott Dibble, DFL-Minneapolis, offered concern as well. Dibble is one of two openly gay member of the Minnesota Senate.

It is understandable that this lawsuit would be filed, given the pain, frustration and hardship for those families who are unable to fulfill basic responsibilities to each other because of deficiencies that currently exist in Minnesota state law. I am concerned, though, that court and statutory precedent, and the lack of a sufficient constitutional foundation might make the likelihood of a successful outcome remote. In that case, the prospect of further cementing precedence that is negative for our families is very real.

There is occasion for optimism about reform. That is why I have been working in conjunction with citizens and colleagues on a number of legislative policy efforts that provide solutions — several of which have passed the Senate and House — to chip away at those legal barriers to families’ basic ability to take care of each other. With every problem we are able to solve, we are one step closer to providing a permanent remedy to inequities that face Minnesota same-sex couples.

Tom Prichard, president of the Minnesota Family Council, a group that opposes homosexuality, slammed the lawsuit and urged the legislature to pass a constitutional amendment banning same-sex marriage:

First it was six bills in the Minnesota Legislature seeking to legalize homosexual marriage. Now it’s a lawsuit attacking Minnesota’s marriage law. The need for a state marriage amendment couldn’t be clearer.

This is the latest evidence that marriage is under assault in our legal and political community. The response is allowing the people of Minnesota the opportunity to vote on the Minnesota Marriage Amendment.

With all the DFL primary candidates for governor — Anderson-Kelliher, Dayton and Entenza — and the Independence Party endorsed candidate Tom Horner supportive of homosexual marriage, the protection of marriage between a man and a woman will definitely be an issue in the upcoming election.

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Comments

12 Comments

TSG
Comment posted May 12, 2010 @ 8:52 pm

People that believe the path to equality runs through the legislature are blind to the fact that elected politicians will not vote for anything that might endanger them being re-elected and gay marriage will be controversial for years, probably decades to come. The courts have been the only path to equality throughout the history of this country.


Katie Murphy
Comment posted May 13, 2010 @ 3:48 am

I see the same old hysteria in the comments about protecting marriage for heteros.

Marriage is a dying institution among heteros. And 5o% of heteros marriages dissolve. I’m actually a rarity – I and my F wife have been married for 42 yrs, our only marriage.

Gays want to set an example for str8s – their divorces where they can marry have been absolutely minimal. Not 50%

While look at the republican / (im)moral values people like Limbaugh – married and divorced 3 times. Gingrich – on his third wife. Due to his cheating. Karl Rove – married and divorced twice.

Hypocrites pitching lies, ignorance and hatred against gay people.

Gay marriage is good for the institution, for gay people and yes for str8 people.

But the objections come from the poison of the church now known as “Molester’s R US”, which hid their vile crimes for decades, because the rot reaches all the way to the top.

And people like the southern baptists and some other christian churches – those who supported slavery, and gave us the KKK and segregation to replace it.

Our own Taliban.


Jim from Chicago
Comment posted May 13, 2010 @ 7:50 am

The legislature is the more secure way to move. If a state court decision requires marriage equality, it’s a relatively simple thing for the Minnesota legislature– on a bare majority vote– to submit a DOMA-style “marriage amendment” for the next election. Currently, the projection I’ve seen make it a dicey proposition whether such an amendment could be defeated by then. Locking in a state DOMA constitutional provision now could ultimately just slow down a process our side appears to be winning decisively, but winning slowly.

Opposition to same-sex marriage seems to be bleeding about two percentage points per year of its support in most states, so ten or even five years from now a popular election in Minnesota on this issue appears to be highly likely to support marriage equality. The next three years, though, not quite.

I know it’s easy for me as a heterosexual to recommend patience to others who currently lack access to a right I already have, but I really do think slow and steady is the most likely course to solidly achieve the desired result in the quickest time.


thomasAlex
Comment posted May 13, 2010 @ 8:47 am

“Slow and steady,” tell that to the blacks fighting for rights!

Nationwide Marriage equality is no more than 5 years off. History has always won Civil Rights in Courts, and likely the best way to do so. Gay couples in every state need to follow suit for marriage, and they could reach that target much sooner.


Gay Marriage Watch » Blog Archive » MN: Reactions to Marriage Equality Lawsuit
Pingback posted May 13, 2010 @ 9:41 am

[...] Full Story from the Minnesota Independent [...]


Bill
Comment posted May 13, 2010 @ 10:11 am

The courts are the ONLY avenue for LGTB citizens to secure their civil rights.

Anyone who does not see that ISN’T PAYING ATTENTION to what is happening in this country.

For, as heterosexuals of the religious variety slither about the country carving their LGTB children out of the Constitution state by state, WHO ELSE DO WE TURN TO FOR PROTECTION FROM THIS???

The courts are ALWAYS and HAVE ALWAYS BEEN the avenue that a person or people who are being treated unfairly via the law MUST take.

LGTB citizens have seen first hand that their fellow citizens will take EACH and EVERY opportunity to ABUSE them via UNFAIR laws.

This belongs NO WHERE BUT in the courts. Fellow citizens have ZERO business voting on another human being’s rights.

IT’S THE COURTS, THE COURTS, THE COURTS, THE COURTS.

The legislature and our fellow citizens will continue to abuse and degrade us via the law until they are no longer allowed to. But because our Constitution FORBIDS this type of unfair application of the law, IT IS THE COURTS WHO MUST PROTECT US.

Whoever believes this ‘changing hearts and minds’ crap will be standing in line for their civil rights until the day they die.

I can not believe the LGTB movement does not see that ONLY THE COURTS will pave the way for our civil rights.

IT’S THE COURTS, IT’S THE COURTS, IT’S THE COURTS.

Of that, I am certain.

Who in the HELL seeks their civil rights from their very oppressors?

Stupid people, that’s who.


justin time
Comment posted May 13, 2010 @ 12:16 pm

More of the same “just wait a little while longer” nonsense from the go-slow crowd. Hey, Scott! Hey, Outfront! We’ve been waiting for equality since Jack Baker and Mike McConnell tried to get married in the 70s. That’s nearly FORTY YEARS AGO!

Dibble and the Outfront set just want to continue their promises and take your money, year after year. Meanwhile the homophobes keep winning at the legislature and in court.

Too bad there isn’t a decent Gay newspaper in this state that would actually report on the issues and call politicians and advocacy organizations to task for their failures. Instead we are stuck with the Lavender which is just a vehicle for advertisers to tout the latest fashions and promises to get people out of DWI charges. Sad.


BobAlan
Comment posted May 13, 2010 @ 12:26 pm

There’s a reason why the LGBT movement does not want to go the route of the judical system and it’s because it’s a gamble. Bill’s argument suggest that by going to the courts they’ll automatically grant gays the right to marry and all the rights that come w/ it. BUT if the courts rule on the side of the conservatives and religious groups it will set back the LGBT movement decades. Right now the LGBT movement is trying to make incremental changes to MN law that support LGBT equality and it’s working, slowly. If the courts were to rule against gays marriage and gay rights the conservative legislature would have no reason to pass incremental gay equality bills. LGBT activist are saying that this is too big a gamble to place on the the outcome of a few judges, and they’re smart to think so.


Zera Lee
Comment posted May 13, 2010 @ 10:21 pm

This sort of issue is why conservatives have gone to such trouble to bias the courts in their favor.

It will not matter if these right-denying laws are unconstitutional if the courts will not rule it so.


Matt King
Comment posted May 17, 2010 @ 8:56 pm

As a gay Minnesotan, married to my husband of nearly ten years, I find the outpouring of obvious animosity from OutFront Minnesota ’s representatives and State Senator Scott Dibble toward a group of same-sex couples challenging the state’s discriminatory marriage laws in court, to be very troubling. I should think they would be as thrilled as I am that after 40 years of bad law on the books with regard to marriage equality, that it is finally being challenged. Let’s remember that when the Minnesota Supreme Court ruled against marriage equality in 1971, not a single state in the union had civil rights protections for GLBT people, not one religion would marry same-sex couples, and gay people were actually still considered mentally ill by the American Psychological Association. We are light years from that terrible time and a challenge to this bad court decision is long overdue. Why would any gay rights organization, through media attacks, try to foul these citizens’ attempt to end discrimination after the battle has been engaged? Do they want this case to fail?

Yesterday, I was even more horrified to read quotes from Senator Dibble to the Associated Press regarding his opinions about the case. He believes that the only way marriage equality will advance is through the legislature. I spoke with Senator Dibble, asking him what he was going to do to advance marriage equality today. His response was “Probably not much.” I also asked him if he had read the case, complaint or summons. His answer was “No.” I find the fact that he chose to make public comments without even so much as looking at the case reckless and irresponsible. Senator Dibble has authored and co-authored bills to give some rights, but none have been enacted into law. He wants to see and incremental approach “with one or two a year”. Project 515 has listed the 515 laws that currently discriminate against our families. With his approach we would do one a year for 515 years? How long should I plan on living to see full equality?

I write these things not to bash these organizations, the senator or divide the community, but to inform our community and help these organizations and our elected officials understand that their approach is not helping our families or the case. If you want to see marriage equality in Minnesota we need to be united, even if we don’t agree on the path. We need to talk about how our families are affected by the discrimination we face daily. Then we need to come up with stratagies to defeat that discrimination. Trying to destroy each others work and efforts will only hinder us or even set us back. All of us should be supporting and pushing everyday for full equality and nothing less.

http://www.startribune.com/local/93410259.html

http://www.startribune.com/local/93887899.html


Steve Carlson
Comment posted July 30, 2010 @ 10:33 pm

The fact that men marry women and women get married to men is not discrimination against anybody. However, such marriages, if based only on carnal love and societal expectations are just playing house, and can result in divorce, ruining lives. We should support real marriage, based on Christian love between a man and a woman. It should be protected from attacks on Christianity. Real men and real women raise up a family, stay committed and grow daily in God’s love. That’s the message we have to get out, and sometimes we fail.


Hey Minnesota Catholic Bishops: Focus on Poverty, Not Gay Marriage | GayLGBT.com
Pingback posted September 17, 2010 @ 8:32 pm

[...] legislation was not only introduced in the Minnesota State House to recognize marriage equality, but a lawsuit was filed in the state challenging Minnesota’s Defense of Marriage [...]


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