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Wednesday, April 18, 2007 9:39 P.M.

ACLU sues Luzerne County Register of Wills

WILKES-BARRE – The American Civil Liberties Union filed a federal lawsuit today against Luzerne County Register of Wills Dorothy Stankovic for refusing to accept a marriage application of an illegal alien who wishes to marry a legal resident of the United States.

The suit, filed on behalf of Heather Buck and Jose Guadelupe Arias-Maravilla of West Hazleton, says Stankovic’s policy of requiring persons seeking a marriage application to prove they are legal residents violates several federal constitutional laws, including a person’s right to due process and equal protection under the law.

According to the lawsuit, Arias-Maravilla, a citizen of Mexico, has acknowledged he is in the United States illegally and has agreed to voluntary depart the country by May 12. He and Buck, who is a legal resident, are the parents of a child newborn child and desire to marry before Arias-Maravilla departs.

The couple say they tried at least twice to obtain a marriage license application from Stankovic’s office, but were advised it would not be provided unless Arias-Maravilla could prove he was legally present in the United States.