A Kansas Couple Believes That Same-Sex Marriage Will Devalue Their Property Rights
A Kansas couple has filed a lawsuit seeking to stop same-sex marriage in their state, arguing that gay marriage would devalue their own marriage and thus rob them of their private property rights, the Topeka Capital Journal is reporting.
Phillip and Sandra Unruh of Harper, Kansas, southwest of Wichita, filed a motion naming themselves as defendants in an American Civil Liberties Union (ACLU) lawsuit (which can be read here) seeking marriage equality in Kansas. Phillip, himself an attorney, filed the lawsuit on his own, and his wife’s, behalf.
In the motion, Mr. Unruh argues that his and his wife’s marriage is essentially property, and that same-sex marriage in Kansas would cause harm to marriage in general, devaluing their own marriage. This would amount to a property rights violation that is prohibited by the 5th Amendment, he argues, according to Tower Load.
“The extension of marriage to same sex relationships inflicts profound harm on the Unruhs. For the court to say that from this day forward marriage in Kansas must be extended to a same sex couple is and for ever will be deeply disturbing to the Unruhs and undoubtedly to those that cared enough to pass an amendment to protect it, a departure from the joy and celebration normally associated with the word marriage. Disturbed, not because of bigotry, but out of solemn respect for what marriage is, what it has meant to them and to society in general. Marriage is perhaps the single most valuable institution society has ever had.”
Susan Estes of the ACLU of Kansas said in the original lawsuit that marriage rights should extend to all couples, not just heterosexual couples, according to KSNT (Topeka).
“The ACLU of Kansas understands that the freedom to marry is an important right. Marriage equality is the law in more than 25 states now. And it’s time for marriage equality in Kansas. All loving and committed couples – without restrictions of state lines or sexual orientation – should have access to the protections that marriage provides.”
As of this post, it is unclear when, or even if, a federal judge will hear oral arguments on the Kansas same sex marriage lawsuit. According to KSNT, U.S. District Court Judge Daniel Crabtree may decline to hear oral arguments entirely and could make his ruling based solely on the written filings.
Do you believe that same sex marriage in Kansas will devalue the property rights of married heterosexual couples? Let us know what you think below in the Comments.
[Image courtesy of: The Atlantic]
