Do Different-Sex Couples Have A Property Interest in their Marriages?


Posted on October 25th, 2014 by Katherine Franke
 4 comments  

That’s the argument being made by Phillip and Sandra Unruh.  The Unruhs, a straight married couple, claim that their property interest in their marriage will be diminished if same-sex couples were allowed to marry in Kansas.  So worried are they that their marriage would be rendered less valuable if same-sex couples could marry that they moved to intervene in the case challenging Kansas’ hetero-only marriage law, Kail Marie v. Robert Moser.  “They claim, due process requires that they have an opportunity to participate in this litigation because the Court’s decision about the constitutionality of Kansas’ same-sex marriage ban could diminish their marital status and hence, their property right.”

Philip Unruh is an attorney in Harper, Kansas and is representing his and his wife’s “interest” in this case.

Is Hetero-Only Marriage a Private Club?

In their brief to the court the Unruhs argued that:

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. The standards established by marriage and its exclusive nature enjoyed by the Unruhs can not be ignored or impaired without fundamental civil rights of the Unruhs being disturbed and married people being discriminated against….a ruling extending marriage to same sex relationships would violate the Unruhs’ right to equal protection under the law by the Court’s failure to protect marriage and support the right of Kansas citizens to codify its implicit meaning.

Their brief is available here.

Thankfully, yesterday the judge presiding over the case denied the Unruh’s motion to intervene as defendants in the case.  “Instead, the Court will permit the Unruhs to file an amicus brief setting forth any arguments they wish to advance,” Judge Daniel D. Crabtree ruled. “This process will afford the Court the benefit of the Unruhs’ arguments without burdening them with the procedural responsibilities that come with formal-party status.”

The court’s ruling is available here.

 

4 comments

  1. whoah this blog is excellent i love studying your articles. Stay up the great paintings! You know, many people are hunting around for this info, you can aid them greatly.

  2. whoah this weblog is fantastic i like studying your articles. Keep up the great work! You understand, lots of persons are looking around for this info, you can help them greatly.

  3. croomopus canadianeh fisicaschema apparaisse insufficient cheap generic viagra next day delivery contatore chinese medicine for viagra jvansicoir cheap female viagra online shenoni cialis vs viagra and alcohol chaleurs cheap non prescription viagra.

  4. Write associate essay is also a very easy operational. we provide you varied styles of essay and therefore the thanks to write associate essay properly services.

Add a comment


Comments are subject to moderation and do not necessarily reflect the opinions of
Columbia Law School or Columbia University.

FEATURED POSTS

CATEGORY CLOUD

"Homeland" Security Abortion Rights Activism Adoption adultery Advocacy Affordable Care Act Alien Tort Claims Act Amicus Brief Asylum Bankruptcy BDS Bullying Census Politics Children Citizenship Civil Unions Clinic Columbia Law School Compulsory Marriage Condoms Contraception Contraception Mandate Cordoba House Criminal Law Cures for Homosexuality Defense of Marriage Act Disability Rights Discrimination Divorce Domestic Partnership Domestic Violence Domestic Workers Don't Ask Don't Tell Earth Day Economic Justice Education Egypt Elections Employment Discrimination ENDA Estate Planning Events Family Law Fellowships femininity Feminism Free Speech Gender and Technology Gender Identity Discrimination Gendering the Economy Gender Justice GSL Online Haiti Hate Crimes Health Care Hilary Clinton Hillary Clinton HIV HIV Discrimination Hobby Lobby Homelessness Homophobia Housing Human Rights Identity Politics Illegitimacy (sic) Immigration Reform In-ing Incest India International Law Intersectional Feminism Islamophobia Israel Jobs Justice Sotomayor King & Spalding Labor Trafficking Land Reform Law School Legal Profession Legal Scholarship Lesbian & Gay Parenting LGBT Parenting Marital Status Discrimination Marriage Marriage Equality Masculinity Medicaid Michelle Obama Migration Military National Security Obama Administration Obama Appointments Obergefell Outing OWS Palestine Parenting Pinkwashing Policing Politics of the Veil Polyamory Popular Culture Pornograpy Pregnancy Presidential Politics Prisons Privacy Products Liability Profanity Prop 8 Prosecutorial Discretion Publications Public Rights/Private Conscience Public Rights/Private Conscience Project Queer Theory Queer vs. Gay Rights Race and Racism Racial Stereotyping Rape Religion Religious Accommodation Religious Exemption Religious Exemptions Religious Freedom Restoration Act Religious Fundamentalism Reproductive Rights Reproductive Technology RFRA Romania Rwanda Sartorial Commentary Schools Sex Discrimination Sex Education Sex Stereotyping Sexting Sex Trafficking Sexual Assault Sexual Duplicity Sexual Harassment Sexual Health Sexuality and Gender Law Clinic Sexual Orientation Discrimination Sex Work Silencing of voices SMUG Sodomy Law Reform Solidarity Sports Supreme Court Surrogacy Technology Title IX Trafficking Transgender Uganda Uncategorized Violence Women and Poverty Women of Color Work Zimbabwe

Academic Calendar  |  Resources for Employers  |  Campus Map & Directory  |  Columbia University  |  Jobs at Columbia  |  Contact Us

© Copyright 2009, Columbia Law School. For questions or comments, please contact the webmaster.