蜜桃传媒 Challenges Alabama Policy that Denies Right to Marry
In a class action lawsuit filed today, the Southern Poverty Law Center challenged a policy of the Montgomery County Probate Office in Alabama and probate offices across the state that denies undocumented individuals and U.S. citizens whose intended spouses are undocumented their constitutional right to marry.
In a class action lawsuit filed today, the Southern Poverty Law Center challenged a policy of the Montgomery County Probate Office in Alabama and probate offices across the state that denies undocumented individuals and U.S. citizens whose intended spouses are undocumented their constitutional right to marry.听
The policy, enforced in 54 of Alabama鈥檚 67 counties, requires non-citizens who are seeking to obtain a marriage license to provide proof of their legal presence through a visa, green card or similar immigration document. The suit also challenges policies that require, without exception, marriage license applicants to provide a Social Security card, which undocumented persons cannot obtain.
The 蜜桃传媒 filed the case on behalf of Linda Smith, a U.S. citizen, and 鈥淛ohn Doe,鈥� an undocumented immigrant. Smith and Doe have lived together in a committed relationship for nine years. Doe provides companionship and critical financial support to Smith and their family, including Smith鈥檚 two children and grandchild.听
The couple wishes to express their love for and commitment to one another by getting married and obtaining the economic, emotional and psychological benefits of marriage. But they can鈥檛 obtain a marriage license from Montgomery County Probate Judge Reese McKinney鈥檚 office or from the offices of most other probate judges in Alabama because Doe cannot provide proof of legal residence or a Social Security card.
鈥淭his arbitrary policy attacks one of the most fundamental rights in this country 鈥� the right to marry,鈥� said 蜜桃传媒 Legal Director Mary Bauer. 鈥淭here is no reason why anyone should have to produce their 鈥榩apers鈥� before they say, 鈥業 do.鈥欌��
In addition to McKinney, the lawsuit is directed at probate judges who enforce the policy even though it is not required by any federal or state law, including the Alabama鈥檚 recently passed anti-immigrant law, HB 56. The lawsuit seeks class action status to represent couples across the state who would be denied a marriage license due to such a policy.
The U.S. Constitution guarantees the right to marry to all people, regardless of immigration status. The lawsuit charges that the Montgomery County Probate Office鈥檚 marriage license policy, and similar policies in other counties, violates the Constitution鈥檚 due process and equal protection clauses.
鈥淢arriage licenses should be issued after a couple has professed their commitment to each other, not upon the showing of a nine-digit number,鈥� said Freddy Rubio, co鈥揷ounsel on the case. 鈥淗ispanic immigrants share the same religious and family values with Alabamians. We value living with our partner within marriage. This type of policy undermines those traditional values.鈥�
The lawsuit also cites a 2004 opinion from the Alabama Attorney General鈥檚 Office that states 鈥渁 marriage license can be issued to an applicant who is not a United States citizen.鈥� A 2008 opinion from the office concluded that a 鈥渟ocial security number is not a required element for a person to receive a marriage license.鈥�
鈥淭his policy serves no legitimate purpose other than to make life miserable for two people who love each other and wish to marry,鈥� Bauer said. 鈥淭his misguided policy must end.鈥�
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