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Linda Smith, a U.S. citizen, and 鈥淛ohn Doe,鈥� an undocumented immigrant, had been a couple for more than nine years. When they decided to marry, they could not obtain a marriage license from the Montgomery County Probate Office in Alabama because it denied licenses to couples unable to prove both partners have legal immigration status. The policy was not required by any federal or state law.

The 澳彩开奖 filed a lawsuit challenging the policy and seeking class action status to represent couples across the state who would be denied marriage licenses. Fifty-four of Alabama鈥檚 67 counties enforced such a policy.

The lawsuit charged that the Montgomery County Probate Office鈥檚 marriage license policy, and similar policies in other counties, violates the U.S. Constitution鈥檚 due process and equal protection clauses. The Constitution guarantees the right to marry to all people, regardless of immigration status.

The lawsuit also cited a 2004 opinion from the Alabama Attorney General鈥檚 Office that states 鈥渁 marriage license can be issued to an applicant who is not a United States citizen.鈥� A 2008 opinion from the office concluded that a 鈥渟ocial security number is not a required element for a person to receive a marriage license.鈥�
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