A different-sex couple is filing to defend the ban on gay couples marrying in Kansas, claiming, in essence, same-sex marriage has robbed them of their property, namely, their heterosexual marriage.
A Kansas criminal and family lawyer and his wife have filed papers in federal court to join in the defense of the Sunflower State’s ban on same-sex marriage, and their claim is unique.
Phillip and Sandra Unruh say that same-sex marriage is actually theft of property rights — the property being their marriage, or different-sex marriage in general.
In a motion filed in United States District Court, the Unruh’s state that if same-sex couples are legally allowed to marry in Kansas, “the meaning of marriage will be so fundamentally and profoundly changed that the Unruh’s will experience a taking of their property rights in marriage without due process of law.â€
The filing also refers to the Bible, Genesis 2:24, and uses the failed argument that they have the right to marry because they can produce children, whereas same-sex couples cannot, via intercourse.
The Unruhs also state that same-sex marriage and different-sex marriage are as different “as apples and oranges,” and claim property rights under the Fifth and Fourteenth Amendments to the U.S. Constitution.
“The Unruhs have a [sic] inalienable property right in their marriage that is protected by the 5th Amendment of the United States Constitution, the Kansas Constitution and related Kansas Statutes,” they claim.
Unsurprising, given the spelling error on Phillip Unruh’s webpage, the filing too is replete with spelling errors.
Exasperated, HRC writes, “We just can’t with this one.”
We agree.
The filing can be read here, thanks to Equality Case Files.
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Image via Wikimedia