ACLU alleges wrong doing

Published: Tuesday, April 21, 2009 4:28 PM CDT
LEXINGTON – The ACLU is turning up the pressure on Dawson County and four other Nebraska counties threatening a civil lawsuit amidst allegations of discrimination toward illegal immigrants looking to be wed in the state.

“We have an active and ongoing problem,’’ said legal director Amy Miller. “It’s embarrassing and wretched in-your-face discrimination.’’

The ACLU launched its investigation, Miller said, months ago after complaints from attorneys and immigrant advocates. The organization sent human testers — a Hispanic with a heavy accent — to the five counties to check compliance with the law.

Each county failed, Miller said, by asking for information beyond what state law requires.

She said the state does not impose many restrictions on who can get married. Nebraska Revised Statute 42-104 states: “Each party shall present satisfactory documentary proof of and shall swear or affirm to the application giving: (1) full name of each applicant and residence; and (2) the place, date, and year of birth of each.’’

According to the Dawson County Clerk’s Web site requirements in the county to be married are: “Before a marriage license can be issued, each applicant shall present two (2) forms of ID: (a) U.S. Government issued PICTURED ID such as: Driver’s License, State ID card, Resident Alien Card, or Work Authorization Card. (b) Birth Certificate or Social Security Card. (If birth certificate is not in English – a notarized translation is required.)â€