GRAND RAPIDS -- A Latino civil rights group on Tuesday filed a federal class action lawsuit against Ottawa County, saying its policy requiring illegal immigrants to posses a Social Security number to obtain a marriage license is discriminatory and unconstitutional.
The lawsuit, brought by Los Angeles-based Mexican American Legal Defense and Educational Fund, alleges the county's policy violates both state and federal law, and has hurt illegal immigrants, particularly Latinos.
The filing comes more than a month after a Wyoming lawyer filed a similar lawsuit against Kent County Clerk Mary Hollinrake, who requires people who apply for a marriage license but don't have a Social Security number prove they qualify for certain exemptions.
"All persons, regardless of immigration status, have the constitutional right to marry," said MALDEF attorney Ricardo Meza said.
Neither Ottawa County Clerk Dan Krueger nor attorneys who represent the county could be reached for comment. Krueger previously told The Press he is following federal law, and along with Hollinrake, offers a religious and legal exemption.
"Show me where in the Constitution it says that there is a right to marriage," Krueger told The Press last month. "We are following federal law."
Clerks across the state require marriage license applicants to sign an affidavit under the threat of perjury that they do not have a federal identification number. The exemptions clerks offer to those who lack such a number vary. While some exempt those who are citizens in another county, others don't.
Meza decided to file the lawsuit after receiving word that a Holland couple, whose names aren't being released, was unable to obtain a marriage license. At least one of the couple was without a Social Security number, he said.
"We think there are many rights all people have a right to enjoy and this is one of those," Meza said, adding other people throughout Ottawa County have been affected by Krueger's policy.
Ottawa County's policy conflicts with a 2008 opinion by Michigan Attorney General Mike Cox, said MALDEF attorney Alejandro Aixala. Cox's ruling says a clerk may issue a marriage license to applicants willing to swear they do not have a Social Security number and that county clerks are not authorized to investigate the underlying reason.
While clerks collect the Social Security numbers in case they are needed to obtain child support payments, the numbers aren't required to obtain a marriage license, Aixala said. Clerks have been collecting the numbers since at least 2005.
Robert Alvarez, the Wyoming attorney who brought the Kent County lawsuit, is listed as a co-counsel on the Ottawa lawsuit. He says the issue has come up numerous times in recent years, but until now, plaintiffs have been reluctant to come forward.
"It's not just our belief," he said. "The Supreme Court of the United States has been pretty clear that marriage is a right."
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