Richard John BAKER and Another v. Gerald R. NELSON
John Richard Baker and James McConnell filed a suit against Nelson Gerald for failure to issue them with a marriage certificate to legalize their same sex relationship. Nelson Gerald was a clerk in Hennepin County District Court who and was mandated to offer legal marriage certificates. During the case trial, it was held that the petitioner was not supposed to be issued with a marriage certificate. The plaintiff contends that, the failure for state organs to include an express statute prohibiting same sex marriage meant that, it was not be against the practice. Since the legal provision, backing it was Minn. St. c. 517; the petitioner dismissed it because it was unconstitutional. After engaging in a legal battle that involved appeals based on constitutional technicalities, the case was ruled in the Minnesota Supreme Court and judgment given.
Issue
The issue contested upon is whether the state allows same sex marriage and that if it does not allow, can the state authorize or compelled it.
Held
No citizen of the United States was deprived the right and freedom to marry and that was not dependent on race. This was in line with clause 315 of the Fourth amendment. For this reason, the appeal was to be dismissed and the same sex marriage was not allowed by the state.
Rationale
The rationale behind the ruling was that the fourth amendment did not deprive the petitioner their right to marry. Apart from that, the ninth amendment did not prohibit the plaintiff from enjoying their privacy as they allege. Lack of a legal statute prohibiting same sex marriage did not mean that it was allowed and that there were no other legal provisions governing the marital issues.
Rule of Law
Under the Minnesota state constitution clause 517, which governs marriage, it states that a marriage relationship is the union between two people of the opposite sex. Under the provisions of the fourteenth amendment, it is also clear that marriage should involve the intimate relationship between husband and wife; they should also enjoy marital privacy. It also defines the nature of a relationship as that which should not be discriminated based on race or even religion.
