MN judge says 1971 state Supreme Court ruling and state law prohibit same-sex marriage

Citing a 40-year-old precedent, a Hennepin County judge has dismissed a lawsuit that sought to remove legal barriers to gay marriage in Minnesota.

In an order signed Monday, District Judge Mary Dufresne rejected an argument by the group Marry Me Minnesota that the state's 13-year-old Defense of Marriage Act (DOMA) violates same-sex couples' rights to due process, equal protection, religious freedom and freedom of association.

"Unless and until" the state Supreme Court overrules a 1971 decision limiting marriage to a man or a woman or repeals DOMA, Dufresne wrote, "Same-sex marriage will not exist in this state."

Chuck Darrell, communications director for the Minnesota Family Council, applauded the decision. His organization opposes gay marriage and tried unsuccessfully to intervene in the lawsuit. Darrell noted that since the Obama administration stopped defending the federal law defining marriage as between a man and a woman, Marry Me Minnesota has written letters urging Gov. Mark Dayton, Attorney General Lori Swanson and others to stop defending the state's law.

"This, coupled with several bills introduced in the Legislature last year to legalize same-sex marriage, is why we need to protect marriage with a marriage amendment," Darrell said.

 StarTrib