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David Schultz analyzes gay marriage suit

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At Minnpost.com, Hamline University professor David Schultz lays out the facts and speculation about how the Minnesota Supreme Court might rule in Benson v. Alverson, the lawsuit filed by three same-sex couples against the state of Minnesota for the right to marry.

The recent challenge to Minnesota’s ban on same-sex marriage is good law, bad politics. There is little question that the Minnesota Constitution and precedent favor the plaintiffs. But Gov. Tim Pawlenty’s recent appointments to the Supreme Court practically guarantee there will not be a majority that reaches that conclusion.

Schultz takes note of recent cases in Iowa, California and Massachusetts where marriage equality prevailed, but also cautions that Minnesota is unique in that gay marriage has lost at the Minnesota Supreme Court level before.

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Andy Birkey has written for a number of Minnesota and national publications. He founded Eleventh Avenue South which ran from 2002-2011, wrote for the Minnesota Independent from 2006-2011, the American Independent from 2010-2013. His writing has appeared in The Advocate, The Star Tribune, The Huffington Post, Salon, Cagle News Service, Twin Cities Daily Planet, TheUptake, Vita.mn and much more. His writing on LGBT issues, the religious right and social justice has won awards including Best Beat Reporting by the Online News Association, Best Series by the Minnesota chapter of the Society of Professional Journalists, and an honorable mention by the Sex-Positive Journalism awards.