On 2/23/04 1:10 AM, "Neal Krasnoff" <[EMAIL PROTECTED]> wrote: [...] > If the Hon. Rybak or other local official issues marriage licenses to > same sex couples, it would be a direct and absolute violation of the > Minnesota Statutes: [...] > His Honor, the Mayor - or other public official - would be prosecuted: [...] > Don't get any ideas about suing the Mr. Rybak or any other official for > denial of rights under subdivision three: there is no pre-existing > statutory or common law right for same sex marriage. > > You have been so advised, be guided accordingly.
If Minnesota's marriage statutes are unconstitutional, there's no reason why Mayor Rybak couldn't challenge them. For example, there are still sodomy statutes on the books in this state, but that doesn't mean they're enforceable. E.g., http://www.revisor.leg.state.mn.us/stats/609/293.html >> 609.293 Sodomy. >> >> Subdivision 1. Definition. "Sodomy" means carnally knowing any person by the >> anus or by or with the mouth. [...] >> Subd. 5. Consensual acts. Whoever, in cases not coming within the provisions >> of sections 609.342 or 609.344, voluntarily engages in or submits to an act >> of sodomy with another may be sentenced to imprisonment for not more than one >> year or to payment of a fine of not more than $3,000, or both. The SCOTUS decision that emphasized the unconstitutionality of those statutes is apposite to this discussion. Just because a law is on the books doesn't mean it's constitutional. Mayor Newsom's strategy is risky and confrontational, but there's no reason a Minneapolis city attorney couldn't go into court on Monday morning and file a claim for a declaratory judgment. My guess is the issue will be settled in the SCOTUS before too long. In any case, it's only a matter of time. The polls are divided, but the young people support same-sex marriage. It may take a year or five or twenty, but progress is inevitable. Mike Skoglund // New York NY // Minneapolis MN // Sodom // Gomorrah REMINDERS: 1. Think a member has violated the rules? Email the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[EMAIL PROTECTED] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
