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Alabama Wrongful Death Lawsuit Questions Legality of State’s Gay Marriage Ban

Alabama Wrongful Death Lawsuit Questions Legality of State’s Gay Marriage Ban

by Norris Injury Lawyers | February 25th, 2014

An Alabama Wrongful Death lawsuit is raising questions about the legality of a statewide ban on gay marriage. At the heart of the matter is whether or not a gay man should be heir to his legally wed husband’s estate after a fatal car crash.

According to an article from Raw Story, the accident happened in Aug. 2011 when the 54-year-old victim was killed as the result of his vehicle being struck by a commercial tractor-trailer on his way to work.

The victim had been married to his partner in a ceremony three months before the accident in Massachusetts. That partner was named as the sole beneficiary of the victim’s last will and testament. However, the marriage is not recognized due to Alabama’s Marriage Protection Act of 1998, which bans gay marriage in Alabama. State law also prohibits wills from recognizing gay marriages from outside of the state.

The victim’s husband has filed a lawsuit claiming the legislation violates the equal protection and due process clauses of the U.S. Constitution.

The Birmingham Personal Injury Lawyers with Norris Injury Lawyers recognize the significance of this case and are hopeful the judgment brings a sense of closure to the  victim.

 

 


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