If I were these two, I'd file a lawsuit.

Inspired by a federal appeals court ruling this week, a gay Fargo couple went to the Cass County Courthouse to apply for a marriage license.

Lenny Tweeden and Wayne Rosell didn't get one.

Bismarck Tribune

The reason they did not get one is because of this voter approved amendment to the North Dakota Constitution in 2004:

Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

Article XI §28(PDF)

Now of course no ruling in the 9th circuit court(where California's Proposition 8 was overturned this week) has precedential weight in the 8th (where North Dakota resides).  Regardless, the ruling still wouldn't have had an impact, given that the California law was overturned because gay marriage was ruled legal and then was made illegal.  In North Dakota it was never legal in the first place.

Regardless, an injustice was done this week.  Two consenting adults were denied the right to marry the person they love with no compelling reason.  

Were Lenny and Wayne have the courage to stand up and file suit to fight for their rights in the courts, it could make for the perfect case to finally declare all bans on gay marriage unconstitutional.

I apologize for my old home state, Lenny and Wayne, it let you down.  

They deserve better.

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