According to the Washington Post article, Lawsuit Challenges North Dakota Gay Marriage Ban, seven North Dakota couples have filed suit in federal court asserting that the state’s ban on same sex marriage violates the equal protection and due process guarantees of the U.S. Constitution. North Dakota is the last of 31 states to join the list of states challenging the ban on same sex marriage as unconstitutional.
In 2004, North Dakota voters approved a constitutional amendment limiting the scope of marriage to heterosexuals. Since the U.S. Supreme Court issued its decision to strike down the section of the federal Defense of Marriage Act defining marriage as between a man and a woman, judges across the United States have nullified the ban on same sex marriage.
In a statement issued by the North Dakota Family Alliance, Executive Director Tom Freier stated that the alliance “will stand on the North Dakota constitution and with the 73% of the people who voted in 2004 to permanently place a definition of marriage in our constitution.”
In part, the complaint filed last week in North Dakota reads, “Same sex couples are identical to different sex couples in all characteristics relevant to marriage,” and “Without any legitimate governmental interest, North Dakota has targeted a minority of individuals for discrimination on the basis of sexual orientation.” The suit also states the couples are subject to, “an irreparable denial of their constitutional rights.”
In addition to the District of Columbia, 19 states now recognize and allow same sex couples to marry.
If you or someone you know thinks they their civil rights have been violated, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.