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Jun 20, 2010
MINNEAPOLIS (AP) — Three gay couples suing to overturn Minnesota’s gay marriage ban added the state as a defendant Tuesday, hours after Hennepin County Attorney Mike Freeman asked a judge to dismiss the lawsuit for not doing so.
The lawsuit, filed last month in Hennepin County, had named as its defendant the official who issues marriages licenses in that county. Freeman complained the state should be the main defendant, because gay marriage is prohibited under state law.
“You’ve got to have all the critical players at the table at one time,” said Freeman, saying the lawsuit should not proceed otherwise.
Peter Nickitas, the attorney for the plaintiffs, had declined to comment on Freeman’s motion. But about two hours later, the plaintiffs sent out a news release stating they had amended their summons and complaint to include the state as a defendant.
Freeman’s office said that, assuming the plaintiffs had amended their complaint properly, the motion to dismiss the lawsuit would be abandoned. Freeman had said earlier that his main intention in filing the motion was to force the plaintiffs to make the state the principal defendant.
He said that was proper because, in addition to seeking to overturn the gay marriage ban, the lawsuit seeks the repeal of more than 500 other state laws and regulations that have the effect of denying gay couples a host of rights extended to married heterosexuals.
A spokesman for Minnesota Attorney General Lori Swanson did not immediately return a phone message Tuesday.
Chuck Shreffler, an attorney for the Minnesota Family Council — which is seeking legal status to help defend the current gay marriage ban — agreed it made sense for the state to be part of the lawsuit.
“The state has a big stake in this and should be participating,” he said.
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