Suit says immigrants being denied the right to marry in Grand Rapids

KENT COUNTY, Mich. (NEWSCHANNEL 3) – The Kent County Clerk's marriage license policy is generating some controversy in Grand Rapids, and it could be headed to court.

Immigrants are taking legal action and a lawsuit was filed Wednesday in court that essentially says marriage rights have been denied to two couples.

The case is perhaps a microcosm of the much large debate on illegal immigration, a woman, who is an illegal immigrant, wants to marry an American citizen, but in a new lawsuit, she says Kent County rules won't allow it.

“Should she not be allowed to marry the father of their children,” said Robert Alvarez, who filed the lawsuit, “should she not be allowed to marry, get married in the country where she grew up and the church she attended all her life, surrounded by family and friends?”

The Kent County Clerk in Grand Rapids requires that all individuals who apply for a marriage license either provide a Social Security number or sign an affidavit disclosing a religious exemption or a legal exemption.

The idea of collecting the Social Security number is to track individuals for child support purposes, not for any other reason to deny a license. The plaintiffs in the lawsuit say that's where their rights are being violated.

“Everyone under the constitution is protected,” said Alvarez, “every person under the constitution is protected, whether they be a citizen or not. That's been the law of the land for many, many years now.”

The two couples in the lawsuit are identified by fictitious names, concealing their real identities for fear of reprisal by the government.

Ultimately, the attorney leading the charge in the case says there should be a third option on that affidavit where people can say they weren't issued a Social Security number.

Long-time County Clerk, Mary Hollinrake is being sued, but had no comment on the case Wednesday.