CA ruling may impact MN marriage amendment fight

11:08 PM, Feb 7, 2012   |    comments
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ROSEMOUNT, Minn. - A California crowd couldn't help but cheer when the 9th District Court declared California's same-sex marriage ban unconstitutional.

A couple thousand miles away in Rosemount, Jeff Wilfahrt couldn't help but cheer too. His son, 31-year old Corporal Andrew Wilfahrt died almost one year ago in Afghanistan when a roadside bomb exploded.

Corporal Wilfahrt was the first known gay military service member from Minnesota to die in Afghanistan or Iraq.

"He died on that road under oath to the constitution. The same constitution that protects all of us and should have protected him, as well," said Wilfahrt.

Jeff still has the tattered ammo cartridge from his son's gun. It serves as a reminder of why he's so against a constitutional amendment banning gay marriage, something Minnesotans will vote on in November.

Wilfahrt believes the 9th District Court's decision may actually help proponents of the marriage amendment in Minnesota because more money will pour into the state to help get it passed.

That's something he's fighting to make sure doesn't happen.

"If this goes into the constitution that means this minority group is denied a judiciary. And that fundamentally is un-American and unconstitutional," he said.

But proponents of the amendment say what happened in California is why they want the issue decided by the voters in the first place.

"Our Minnesota laws are subject to being overturned by activist judges like in California," said Chuck Darrell, communications director for Minnesota For Marriage.

He added that, "the Minnesota Court of Appeals recently ruled that three same-sex couples challenging Minnesota's marriage laws can pursue their case in Hennepin County effectively putting marriage on trial."

Darrell calls Andrew Wilfahrt a hero, but he doesn't believe he should have had the right to get married.

"Clearly he's an absolute hero. We honor him. And he gave the ultimate sacrifice. But clearly also at the same time, the definition of marriage is going to be decided by somebody in Minnesota and we believe it's the people of Minnesota who should decide that," he said.

But, Jeff Wilfahrt believes the constitution has already decided.

"If my son was good enough to fight and die for the constitution, at least I can do is continue the fight here," said Wilfahrt.

The issue has prompted Wilfahrt to run for the Minnesota House of Representatives in the November election.

(Copyright 2012 by KARE. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)