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North Dakota seeks dismissal of gay marriage suit

By WTOP Staff

BLAKE NICHOLSON
Associated Press

BISMARCK, N.D. (AP) — State officials are asking a federal judge to dismiss a lawsuit challenging North Dakota’s constitutional prohibition on same-sex marriage, despite a wave of court decisions striking down bans in other states.

The state attorney general’s office filed the motion late Tuesday in U.S. District Court in Fargo. North Dakota Solicitor General Doug Bahr argues in court documents that states have the right to define and regulate marriage.

“Nothing in the United States Constitution prevents the people of North Dakota from defining marriage as the legal union between a man and a woman,” Bahr wrote in his 50-page response.

North Dakota voters overwhelmingly approved a state constitutional ban on same-sex marriage 10 years ago. The ballot received 73 percent approval.

“The people of North Dakota, through the deliberative political process, retain the traditional understanding of marriage as the union between a man and a woman,” Bahr wrote.

Similar cases are being heard in courtrooms around the country, and gay marriage bans have already been struck down in several other states, including on Tuesday in deeply conservative Kentucky. The fight to legalize gay marriage began in earnest after the U.S. Supreme Court struck down part of the federal Defense of Marriage Act last year. Since then, gay rights advocates have won 18 cases in federal and state courts.

North Dakota Attorney General Wayne Stenehjem on Wednesday said his office is duty bound to defend the ban, despite what appears to be a growing national tide in support of gay marriage.

“It is the constitutional duty of the attorney general to represent the state when it is sued,” he said in a statement to The Associated Press.

“Only the Supreme Court can determine whether North Dakota’s enactment is constitutional or not,” he said.

North Dakota is the last state with a gay marriage ban to be sued by same-sex couples. The complaint, filed last month by Minneapolis attorney Josh Newville on behalf of seven couples, seeks a declaration that the ban is unconstitutional and asks that the state be forced to issue marriage licenses to same-sex couples and recognize gay marriages from other states. The lawsuit claims violations on three issues that are guaranteed in the 14th Amendment to the Constitution: equal protection, due process and right to travel.

Newville told the AP Wednesday that he’s not surprised the state is defending the ban.

“It seems to me the defense of these bans has become more of a political thing at this point than (having) any legitimate legal basis,” he said.

A second lawsuit challenging North Dakota’s ban has since been filed in federal court by a Fargo couple legally married in Minnesota.

Bahr argues that the U.S. Constitution doesn’t require North Dakota to recognize legal same-sex marriages in other states.

“The fact North Dakota’s marriage laws are different from the marriage laws of some other states does not establish a viable claim that the challenged provisions violate the right to interstate travel,” he wrote.

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Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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