Minnesota State Offers Legal Marriage
© November 20, 2013, Demian
Legal marriage for same-sex couples in Minnesota State became available on July 1, 2013, and began issuing its own certificates on August 1, 2013.
52.6 percent of state voters rejected a constitutional amendment to ban same-sex marriage in November 2012. The Minnesota Legislature passed a same-sex marriage bill in May 2013, which Governor Mark Dayton signed on May 14, 2013.
Allowing committed same-sex couples to get married does not change the meaning of marriage. It changes who has access.
Civil marriage for same-sex couples does not affect religious marriages, religious institutions or clergy in any way. No legal marriage law has ever required any religion to be forced to marry same-sex couples, or recognize same-sex marriages within the context of their religious beliefs.
What defines a marriage is love and commitment, and the ability to protect your family. Marriage strengthens all families. It gives couples the tools and the security to build a life together and to protect their family.
Couples marry because they want to be together through sickness and health, when times are good and when things get tough. State and federal marriage laws provide a safety net of legal and economic protections for married couples and their children – including the ability to visit a spouse in the hospital, and to transfer property, which can mean being able to remain in the family home when a spouse has passed away.
While there have been attempts to create marriage-like relationship systems — Domestic Partnership registrations and Civil Unions — they don’t provide the same security and protections on a national level.
Baker v. Nelson — brought by launched by Richard John Baker and James Michael McConnell — was the first suit in United States history in which a same-sex couple sued for the right to have a legal marriage. In 1971, the Minnesota Supreme Court ruled that Minnesota’s laws prohibited marriages between same-sex partners, and did not violate the federal constitution. On October 10, 1972, the Supreme Court, declining to hear the case on appeal, issued a one-sentence order that said: “The appeal is dismissed for want of a substantial federal question.”
In 1976, the couple sued the Veterans Administration demanding an increase to Richard Baker’s educational benefits, claiming James McConnell was his dependent spouse. The 8th U.S. Circuit Court of Appeals rejected that suit.
Richard Baker again sued on behalf of his partner, James McConnel, to have their 1971 marriage legally recognized by the Internal Revenue Service, claiming that the couple was owed a refund of almost $800. U.S. District Judge Joan Ericksen dismissed the suit on January 3, 2005, saying the two were not lawfully married in Minnesota. Baker stated he intended to appeal.
In May 2010, gay rights organization Marry Me Minnesota sued Minnesota State, challenging the state’s “Defense of Marriage Act,” which was passed in 1997. The trial court dismissed the suit in March 2011, citing Baker v. Nelson as “binding precedent.” Marry Me Minnesota, appealed the decision.
In 1997, the state legislature passed a statutory ban on same-sex marriage shortly after passage of the Federal Defense of Marriage Act.
In 2004, 2006, 2007 and 2009, bills were introduced into the Minnesota House and Senate to have the voters consider an amendment to the Minnesota Constitution restricting marriage to unions between a man and a woman, and outlawing civil unions that offer comparable rights.
On May 11, 2011, the Minnesota Senate passed a bill to place a proposed amendment to the state constitution on the ballot that would ban same-sex marriage, though not civil unions. The question being presented to voters on the ballot reads: “Shall the Minnesota Constitution be amended to provide that only a union of one man and one woman shall be valid or recognized as a marriage in Minnesota?”
The amendment would later be defeated by Minnesota voters, making Minnesota the second US state to reject a constitutional ban on same-sex marriage. Arizona rejected a ban on same-sex marriages and civil unions in 2006, later it adopted a ban on same-sex marriages in 2008.
On November 6, 2012, a proposed constitutional ban on same-sex marriage, passed by the legislature in 2011, was rejected by 52.6 percent of voters. Minnesota became the second state to reject such a ban through popular referendum.
Late in 2008, State Senator John Marty (DFL-Roseville), announced plans to introduce a bill legalizing same-sex marriage.
On February 19, 2009 a bill to allow civil unions in Minnesota was introduced in the Minnesota House of Representatives sponsored by Reps. Joe Mullery, Mindy Greiling, and Tom Tillberry.
On March 5, 2009, a bill to allow same-sex marriage in Minnesota was introduced in the Minnesota Senate, by Senators John Marty, Scott Dibble, Linda Higgins, Mee Moua, and Patricia Torres Ray. The bill failed to get a hearing by the Senate Judiciary Committee.
In December 2012, Representative Alice Hausman and Senator John Marty announced plans to introduce same-sex marriage legislation in 2013.
In January 2013, Dibble said Democrats planned to focus early in the session on “kitchen-table issues” of improving the economy and creating jobs and would wait at least a month or two before pressing for the legalization of same-sex marriage. On February 28, 2013, HF 1054, officially titled “Marriage between two persons provided for, and exemptions and protections based in religious associations provided for,” was introduced in the Minnesota Legislature to legalize same-sex marriage.
On March 12, both the Senate and House policy committees passed the same version of the marriage bill, Senate bill SF925 and House Bill HF1054. The legislation also gives Minnesota courts authority over divorce proceedings in the case of a same-sex couple married in Minnesota, when neither party resides in a state that recognizes their marriage.
Other committees of each house reviewed the financial impact of the legislation on 6 and 7 May. On May 9, 2013, the House passed same-sex marriage legislation 75-59, with all but two Democrats voting for the bill, and all but four Republicans voting against.
On May 13, 2013, the Senate passed the bill 37-30, with all but three Democrats voting for the bill, and all but one Republican voting against.
Governor Mark Dayton signed the bill into law on May 14, 2013; it took effect on August 1, 2013.
At midnight on August 1, 2013, before just under 1,000 people in the marble rotunda of Minneapolis City Hall, Margaret Miles, 49, and Cathy ten Broeke, 44, became the first same sex couples to be legally married in Minneapolis, Minnesota. The couple has been together 12 years, and were accompanied by their 5-year-old son, Louie. The second couple was Al Giraud and Jeff Isaacson, who have been together for 11 years. 46 of the weddings this morning were officiated by Minneapolis mayor R.T. Rybak, between midnight and 7am. 21 more marriages took place in the City Council Chambers.
Article from a Political Leader
Regulations & Links to Official State Instructions
Minnesota Marriage License Regulations
[*The premarital education course must use a premarital inventory, teaching about communication skills, and conflict management skills. Minnesota Statute: “The premarital education must be provided by a licensed or ordained minister or the minister’s designee, a person authorized to solemnize marriages under section 517.18, or a person authorized to practice marriage and family therapy under section 148B.33.”)]Links to Official State Marriage License Instructions
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