Giving her perspective on the dismissal of Marry Me Minnesota's lawsuit challenging Minnesota's DOMA law, attorney Chris Tymchuck reports a comment by Judge Mary DuFresne in her decision that not so subtley affirms advocates' strategy for legalizing same-sex marriage in Minnesota...
The Judge wrote that until Baker v. Nelson is overruled or Minnesota’s “mini-Doma” law is repealed, “Same-sex marriage will not exist in this state.”Tymchuck's perspective is reinforced by Minnesota Independent's Andy Birkey, reporting on the response of Doug Benson, one of the plaintiffs in the lawsuit...
The couples plan to appeal shortly, Benson said. He added that the decision amounted to a pass by the lower court which thinks the Minnesota Supreme Court will have to decide the case. The highest court had weighed in almost four decades ago in Baker v. Nelson, which ruled that the state could ban gay marriage. The plaintiffs are hoping that enough laws and attitudes have changed that the court would overturn that precedent. (Emphasis added.)
Dismissal of the Marry Me Minnesota lawsuit does not eliminate the threat to marriage. It only buys a little more time to protect the definition of marriage in Minnesota's state constitution.
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