Kent County Clerk sued over failing to grant marriage licenses to illegal immigrants
GRAND RAPIDS -- Attorneys for two unnamed West Michigan couples were to file a class action lawsuit in federal court today, claiming the Kent County clerk is violating civil rights by not granting marriage licenses to illegal immigrants who don't have a Social Security number.
The suit, being filed in U.S. District Court in Grand Rapids, says Clerk Mary Hollinrake is breaking state and federal laws by requiring people who apply for marriage licenses but don't have a Social Security number to prove they qualify for two specific exemptions.
It asks a judge to order her to stop and seeks monetary damages and attorney fees.
"This is contrary to the constitution of the United States and Michigan and discriminatory in that it has an effect of discriminating against a large group of the Hispanic community in Kent County," said Robert Alvarez, and attorney from Wyoming whose firm has partnered with a Southfield law office.
Alvarez said he is filing the suit on behalf of two local couples, who are using pseudonyms to protect their identity because two of the four people are here illegally and fear deportation.
The complaint identifies one couple as Juan Doe, a U.S. citizen, and Maria Doe, a citizen of Mexico who lives in Grand Rapids and is ineligible for a Social Security number. The couple -- who have lived together since 2005 and have two children -- say Hollinrake's office denied them a marriage license when Maria was unable to sign a sworn affidavit and provide documentation saying she was exempt from providing a Social Security number under one the two acceptable answers listed.
The second couple is identified as Andrea Doe, a U.S. citizen who lives in Wyoming, and Noe Doe, a Mexican citizen who lives in Grand Rapids and is ineligible for a Social Security number. The couple have been together since 2000 and had to cancel plans to be married at a local church after being denied a marriage license.
The suit says Andrea Doe spoke directly with Hollinrake to explain that her fiance, Noe, did not have a Social Security number because of his lack of legal status and was told that was not a sufficient "legal reason" to qualify for an exemption.
When reached Tuesday, Hollinrake said she could not specifically comment on the lawsuit because she had not seen a copy of it. She said her policy is based on federal law, which says each state must require county clerks to collect Social Security numbers on marriage license applications.
County clerks have been collecting the numbers since 2005, when the federal government decided to enforce a little-known law that requires it on marriage license applications in case they are needed to collect child support payments.
Hollinrake's office -- and others throughout the state -- require applicants without a Social Security number to sign a document swearing they do not possess one.
http://www.mlive.com/news/grand-rapids/index.ssf/2010/03/kent_county_clerk_sued_over_fa.html

