Appeals court: Gay marriage case must return to district court
In a win for gay rights advocates, a state appeals court on Monday overturned the dismissal of a lawsuit that sought to remove legal barriers to gay marriage in Minnesota.
The lawsuit, filed on behalf of three same-sex couples, will now return to Hennepin County District Court, where it will likely proceed to trial as debate heats up over a statewide vote next fall to ban gay marriage in Minnesota.
In its order, the appeals court ruled that a district judge threw out the lawsuit before properly analyzing the couples' equal-protection, due-process and freedom-of-association claims.
The couples, on behalf of Marry Me Minnesota, sued Hennepin County Registrar Jill Alverson and the State of Minnesota in 2010 after Alverson's office denied them applications for marriage licenses, citing the Minnesota Defense of Marriage Act (DOMA). The couples argued that DOMA was unconstitutional.
http://www.startribune.com/politics/statelocal/137900878.html