Same-sex marriage in Minnesota

Same-sex marriage has been fully recognized in Minnesota since August 1, 2013. Same-sex marriages have been recognized if performed in other jurisdictions since July 1, 2013, and the state began issuing marriage licenses to same-sex couples on August 1, 2013. After 51.9% 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. Minnesota was the second state in the Midwest, after Iowa, to legalize marriage between same-sex couples,[1] and the first in the region to do so by enacting legislation rather than by court order. Minnesota was the first state to reject a constitutional amendment banning same-sex marriage, though Arizona rejected one in 2006 that banned all legal recognition and later approved one banning only marriage.

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Notes
  1. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. Neither performed nor recognized in six British Overseas Territories.
  4. Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  6. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  7. Residency rights for foreign spouses of legal residents.
  8. Unregistered cohabitation or maitri karar–type contractual relationships, but they are not legally binding.
  9. Some cities and prefectures issue partnership certificates, though not legally formalized.
  10. Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  11. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
  12. Hospital visitation rights through a "legal representative" status
* Not yet in effect
LGBT portal

Minnesota is also where one of the first same-sex marriage cases in the world took place. In Baker v. Nelson, the Minnesota Supreme Court held unanimously in 1972 that it did not violate the U.S. Constitution to limit marriage to opposite-sex couples, and the U.S. Supreme Court refused to hear the case on appeal. This decision would finally be repealed on June 26, 2015 in the case of Obergefell v. Hodges.

Lawsuits

Baker v. Nelson was the first case in the history of the United States in which a same-sex couple sued for marriage rights. In late 1971, the Minnesota Supreme Court affirmed a lower court decision to prohibit marriages between same-sex partners, noting that its interpretation of state law did not violate the Constitution of the United States.[2][3] The U.S. Supreme Court accepted their appeal but declined to review the case.[4][5][6] On October 10, 1972, a one-sentence order said, "The appeal is dismissed for want of a substantial federal question."[7] In early 1971, the couple in question, Michael McConnell and Jack Baker, re-applied in Blue Earth County and obtained a marriage license. Baker's name change to Pat Lyn may have encouraged county officials to assume they were a heterosexual couple. Reverend Roger Lynn, a minister from the Hennepin Avenue United Methodist Church, conducted the ceremony at a private home. Because the license was never revoked,[8][9] their wedding became the earliest same-sex marriage ever to be recorded in the public files of any civil government.[10][11]

Responding to the state Supreme Court ruling, at the Minnesota Democratic–Farmer–Labor Party (DFL) State Convention in June 1972, delegates voted to add a plank to the party platform supporting same-sex marriage rights.[12] This is the first known case of support by a major United States political party for same-sex marriage,[13] though it is worth noting that many DFL state representatives disassociated themselves from the plank and the DFL party rules subsequently changed to make amendments to the party platform much harder to achieve for future conventions.[14]

In May 2010, Marry Me Minnesota, a gay rights organization, sued the state of Minnesota, challenging the state's Defense of Marriage Act, which was passed in 1997.[15] The trial court dismissed the suit in March 2011, citing Baker v. Nelson as "binding precedent". Marry Me Minnesota, founded by same-sex couples for the purpose of suing the state, announced plans to appeal the decision.[16]

Efforts to amend the State Constitution
Main article: 2012 Minnesota Amendment 1
Julian Bond and Governor Mark Dayton at a "Vote No" rally against Minnesota Amendment 1 in June 2012.

In 2004, 2006, 2007 and 2009, bills were introduced to the Minnesota House of Representatives and Senate to have 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 by 37 votes to 27 to place a proposed amendment to the State Constitution on the ballot that would ban same-sex marriage, though not civil unions. It passed the House ten days later 70–62. The question presented to voters on the ballot on November 8, 2012 read: "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?"[17] The amendment was defeated by Minnesota voters, making Minnesota the first U.S. state to reject a constitutional ban on same-sex marriage. Arizona rejected a ban on same-sex marriages and civil unions in 2006 but then adopted a ban on only same-sex marriages in 2008. Minnesota's constitutional amendment proposal was rejected by 51.9% of voters.[18]

The amendment was opposed by the grassroot organization Minnesotans United for All Families. President Barack Obama also expressed his opposition to the amendment, as did Minnesota Vikings football player Chris Kluwe who featured in numerous advertisements opposing the amendment. The main organization to support the amendment was Minnesota for Marriage, which was supported by the state's Roman Catholic bishops.

Same-sex marriage law
The first same-sex marriage performed following passage of the revised marriage statute. Minneapolis, August 1, 2013

In 1997, the Minnesota Legislature passed a statutory ban on same-sex marriage shortly after passage of the federal Defense of Marriage Act in the United States Congress.[19]

In late 2008, Senator John Marty, announced plans to introduce a bill legalizing same-sex marriage.[20] On February 19, 2009, a bill to allow civil unions was introduced to the Minnesota House of Representatives, and sponsored by representatives Joe Mullery, Mindy Greiling, and Tom Tillberry. A same-sex marriage bill was introduced to the Minnesota Senate on March 5, 2009. Its authors were senators Scott Dibble, Linda Higgins, John Marty, Mee Moua, and Patricia Torres Ray.[21] The bill failed to get a hearing by the Senate Judiciary Committee.

In December 2012, Representative Alice Hausman and Senator Marty announced plans to introduce same-sex marriage legislation in 2013. They and legislative leaders expressed varying views on its prospects.[22] In January 2013, Senator 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.[23] On February 28, 2013, HF 1054, officially titled Marriage between two persons provided for, and exemptions and protections based in religious associations provided for,[24] was introduced in the Minnesota Legislature to legalize same-sex marriage in the state.[25] 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.[26] Other committees of each chamber reviewed the financial impact of the legislation on 6 and 7 May.[27] On May 9, 2013, the House passed the legislation by a vote of 75–59, with all but two Democrats voting for the bill and all but four Republicans voting against.[28] On May 13, 2013, the Senate passed the bill on a vote of 37–30, with all but three Democrats voting for the bill and all but one Republican voting against.[29] Governor Mark Dayton signed the bill into law on May 14, 2013 on the south steps of the Minnesota State Capitol before a crowd of 6,000 people.[30] Under the provisions of the legislation, the first same-sex marriage were likely to take place on August 1, 2013.[31] 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.[32] Some Minnesota counties announced plans to make marriage licenses available as early as June 6.[33]

The law took effect on July 1, 2013, and Minnesota has recognized the validity of same-sex marriage from other jurisdictions since then. The state began issuing its own marriage certificates to same-sex couples on August 1, 2013.[34] Margaret Miles and Cathy ten Broeke were the first couple to be married in Minneapolis at midnight on August 1, 2013, in a ceremony at Minneapolis City Hall officiated by Mayor R.T. Rybak.[35] The definition of marriage in the state of Minnesota is now the following:[36]

A civil marriage, so far as its validity in law is concerned, is a civil contract between two persons, to which the consent of the parties, capable in law of contracting, is essential. [Minn. Stat. § 517.001]

Native American nations

Same-sex marriage is legal on the reservations of the Fond du Lac Band of Lake Superior Chippewa, the Grand Portage Band of Chippewa, and the Leech Lake Band of Ojibwe, three Ojibwe tribes forming part of the Minnesota Chippewa Tribe, as well as the Prairie Island Indian Community, a Dakota tribe. The Ojibwe people have traditionally recognized two-spirit people who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. They are known in the Ojibwe language as agokwe (pronounced [agoˈkʰwɛː]), or also as niizh manidoowag (pronounced [niːʒ manɪˈdoːˌwak]).[37] Many agokwe were wives in polygnyous households. Two-spirit individuals are known in the Dakota language as winkta (pronounced [ˈwĩkta]). Many winkta married cisgender men, without indicating of polygyny, but some remained unmarried and lived in their own tipis, and were visited by married men for sexual intercourse when the men's wives were pregnant or menstruating, and therefore when sexual intercourse was forbidden to them.[38] The two-spirit status thus allowed for marriages between two biological males to be performed in these tribes.

Economic impact

The Williams Institute estimated in April 2013 that if marriage were extended to same-sex couples in Minnesota, the state would see an economic boost of $42 million over the course of three years, with a boost of $27 million in the first year alone. This net impact would be the result of savings in expenditures on state means-tested public benefit programs and an increase in state income and sales tax revenue.[39]

Marriage statistics

Approximately 1,640 same-sex couples married in Minnesota from August to September 2013, representing about one-third of all marriages performed during that time. 75% of same-sex marriage licenses were issued in Hennepin and Ramsey counties. Approximately 1,433 marriage licenses were issued in the twelve counties that rejected Minnesota Amendment 1 in 2012. Of the counties that favored the amendment, Clay County issued the most marriage licenses at 31.[40]

The Minnesota State Demographer's office announced that there were 8,594 married same-sex households in the state in July 2016.[41]

Domestic partnerships

Eighteen cities in Minnesota, covering a total population of more than one million, have domestic partnership registries allowing unmarried same-sex and opposite-sex couples the right to obtain a certificate signifying that they are not related by blood and are committed to each other.[42][43] Minneapolis was the first city to establish a domestic partnership registry in the state in 1991, followed by Duluth (2009),[44] St. Paul (2009),[45] Edina (2010),[46] Rochester (2010),[47] Maplewood (2010),[48] Golden Valley (2010),[49] St. Louis Park (2011),[50] Red Wing (2011),[51] Richfield (2011),[52] Shoreview (2011),[53] Robbinsdale (2011), Falcon Heights (2011),[54] Hopkins (2011), Shorewood (2011),[55] Crystal (2011), Eagan (2012),[56] and Eden Prairie (2012).[57]

Public opinion
Public opinion for same-sex marriage in Minnesota
Poll source Date(s)
administered		 Sample
size		 Margin of
error		  % support  % opposition  % no opinion
Public Religion Research Institute March 11 – December 14, 2022  ?  ? 77% 21% 2%
Public Religion Research Institute March 8 – November 9, 2021  ?  ? 82% 17% 1%
Public Religion Research Institute January 7 – December 20, 2020 886 random telephone
interviewees		  ? 78% 19% 3%
Public Religion Research Institute April 5 – December 23, 2017 1,412 random telephone
interviewees		  ? 67% 27% 6%
Public Religion Research Institute May 18, 2016 – January 10, 2017 2,060 random telephone
interviewees		  ? 63% 27% 10%
Public Religion Research Institute April 29, 2015 – January 7, 2016 1,496 random telephone
interviewees		  ? 57% 37% 6%
Edison Research November 4, 2014  ?  ? 58% 39% 3%
58% 39% 3%
New York Times/CBS News/YouGov September 20 – October 1, 2014 2,562 likely voters ± 2.2% 52% 34% 13%
Public Religion Research Institute April 2, 2014 – January 4, 2015 1,035  ? 58% 33% 8%
Star Tribune Minnesota June 11–13, 2013 800 adults ± 3.5% 46% 44% 10%
SurveyUSA April 19–21, 2014 500 adults ± 4.5% 51% 47% 2%
Public Policy Polling January 18–20, 2013 1,065 voters ± 3% 47% 45% 8%
Public Policy Polling November 2–3, 2012 1,164 likely voters ± 2.9% 49% 41% 10%
Public Policy Polling October 5–8, 2012 937 likely voters ± 3.2% 47% 43% 10%
Public Policy Polling September 10–11, 2012 824 likely voters ± 3.4% 43% 46% 11%
Public Policy Polling May 31 – June 3, 2012 973 voters ± 3.1% 47% 42% 11%
Public Policy Polling January 21–22, 2012 1,236 voters ± 2.8% 43% 47% 10%
Public Policy Polling May 27–30, 2011 1,179 voters ± 2.9% 46% 45% 9%

See also

References
  1. Marriage equality in Minnesota: A gay-rights victory in the Midwest, September 13, 2013, retrieved May 13, 2013
  2. Sources: Michael McConnell Files, "Full Equality, a diary", (volume 2ab), Tretter Collection in GLBT Studies, U of M Libraries.
    • Letter addressed to Gerald R. Nelson, Clerk of District Court, from George M. Scot, County Attorney. "The consequences of an interpretation of our marriage statutes which would permit males to enter into the marriage contract could be to result in an undermining and destruction of the entire legal concept of our family structure in all areas of law." May 1970, page 6.
  3. "Minnesota Statutes Annotated", West Publishing Co. (1970)
    • Chapter 517.01: Marriage a civil contract. "Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties, capable in law of contracting, is essential."
    • Chapter 517.03: Marriages prohibited. [The list does not include parties of the same gender.]
  4. The U.S. Supreme Court was required to accept an appeal of the court's "opinion" as a matter of right, a practice that the Supreme Court Case Selections Act ended in 1988.
  5. Sources: Michael McConnell Files, "America's First Gay Marriage" (binder #3), Tretter Collection in GLBT Studies, U of M Libraries.
    • October Term, 1972: "Appellee's Motion to Dismiss Appeal and Brief" by George M. Scott, County Attorney
    • page 7: "Questions Raised by This Appeal Are Moot".
  6. "Same-Sex Marriage in Minnesota", Minnesota Legislative Reference Library, June 2009
  7. Baker v. Nelson, 409 810 (U.S. 1972).
  8. Newsletter (p. 6), "Hidden Treasures from the Stacks", September 2013; available online from The National Archives at Kansas City.
  9. Sources: Michael McConnell Files, "America's First Gay Marriage" (binder #4), Tretter Collection in GLBT Studies, U of M Libraries.
    • Fifth Judicial District, File #07-CV-16-4559;
      • 18 September 2018: CONCLUSIONS OF LAW by Assistant Chief Judge Gregory Anderson, at 4; available online from U of M Libraries.
      • . . . "The September 3, 1971 marriage of James Michael McConnell and Pat Lyn McConnell, a/k/a Richard John Baker, has never been dissolved or annulled by judicial decree and no grounds currently exist on which to invalidate the marriage."
      • "The marriage is declared to be in all respects valid".
  10. Matt Baume (March 1, 2019). "Meet the Gay Men Whose 1971 Marriage Was Finally Recognized". Advocate.
  11. William N. Eskridg Jr. and Christopher R. Riano, "Marriage Equality: From Outlaws to In-Laws", Yale University Press (2020), Chapter 24.
  12. Source: resolution 71.d; Richard Moe (Chairman), "The 1972 DFL Platform", Minnesota Democratic-Farmer-Labor State Central Committee (9-11 June 1972 at Rochester, MN)
  13. Michael McConnell Files, "America's First Gay Marriage" [Binder #7], Tretter Collection in GLBT Studies, U of M Libraries.
  14. Steve Endean (13 April 2006). Bringing Lesbian and Gay Rights Into the Mainstream: Twenty Years of Progress (pp. 26 & 27). ISBN 9781136574115.
  15. Marry Me Minnesota, archived from the original on June 30, 2009, retrieved January 9, 2010
  16. Star Tribune: Abbey Simons, "Judge dismisses challenge to gay marriage barriers," March 8, 2011, accessed March 9, 2011
  17. "Minnesota Secretary of State: Constitutional Amendments and the 2012 General Election". sos.state.mn.us. September 24, 2012. Retrieved May 9, 2013.
  18. MSNBC (November 7, 2012). "Minnesota election results". MSNBC. Archived from the original on November 9, 2012.
  19. "Minnesota Statutes 2007 – Chapter 517. Domestic Relations". Minnesota Legislature – Office of the Revisor of Statutes. 2007. Retrieved March 7, 2009.
  20. "Key dates in gay marriage debate". Star Tribune. December 18, 2008. Retrieved February 7, 2009.
  21. "Same-sex marriage bill introduced in legislature". Minnesota Christian Examiner. March 2009. Retrieved December 21, 2012.
  22. Budig, T.W. (December 19, 2012). "Same-sex marriage supporters want to move quickly on a bill". Star News. Retrieved December 21, 2012.
  23. "State senator promises gay marriage bill in 2013 session". KARE11. January 2, 2013. Archived from the original on February 16, 2013. Retrieved January 4, 2013.
  24. "HF 1054 Status in the House for the 88th Legislature (2013 - 2014)". Revisor.mn.gov. Retrieved 2013-12-02.
  25. Minnesota State Legislature (10 May 2013). "HF 1054 Status in the House for the 88th Legislature (2013 - 2014)". Minnesota State Legislature.
  26. Baskt, Brian (December 5, 2011). "Minn. House, Senate Panels Pass-Gay-Marriage-Bills". SF Gate. Associated Press. Retrieved March 13, 2013.
  27. Boldt, Megan (May 7, 2013). "Gay marriage clears Minnesota House panel; floor vote on hold". twincities.com. Retrieved May 7, 2013.
  28. "Minnesota House approves gay marriage bill after two-hour debate". startribune.com. May 9, 2013. Retrieved May 9, 2013.
  29. "In historic vote, Minnesota Senate approves same-sex marriage". startribune.com. May 14, 2013.
  30. "Dayton signs same-sex marriage bill at Capitol ceremony". MPR News. May 14, 2013.
  31. Wong, Curtis (May 14, 2013). "Minnesota Legalizes Gay Marriage: Gov. Mark Dayton Signs Bill Into Law". Huffpost Gay Voices. Retrieved May 14, 2013.
  32. 518.07 Residence of Parties, accessed May 12, 2013
  33. Olson, Rochelle (May 30, 2013). "Largest Minnesota counties to make same-sex marriage license applications available June 6". Minneapolis Star Tribune. Retrieved June 4, 2013.
  34. Miranda, Maricella (June 28, 2013). "New 2013 Minnesota Laws in Effect July 1". KSTP.com. Retrieved July 13, 2013.
  35. "1st to tie the knot: Margaret Miles, and Cathy ten Broeke". Star Tribune. August 1, 2013. Retrieved December 7, 2013.
  36. 2015 Minnesota Statutes 517.01 CIVIL MARRIAGE CONTRACT.
  37. O'Brien, Jodi (2009). Encyclopedia of Gender and Society. Vol. 1. SAGE. p. 64. ISBN 978-1412909167.
  38. Sabine Lang (1998). Men as women, women as men: changing gender in Native American cultures. University of Texas Press. ISBN 0-292-74701-2.
  39. "Estimating the Economic Boost of Marriage for Same-Sex Couples in Minnesota" (PDF). Williams Institute. April 2013.
  40. Gay couples claim 1 in 3 Minnesota marriage licenses
  41. Pat Kessler (9 March 2018). "Reality Check: 5 Years Of Same-Sex Marriage In Minnesota". CBS Minnesota.
  42. "One Million Minnesotans Now Covered by Domestic Partner Registries", The Minnesota Independent, February 10, 2011
  43. "Domestic Partnerships". OutFront Minnesota. Retrieved July 17, 2012.
  44. Kimball, Joe (May 29, 2009). "Duluth to offer domestic partner certificates". Minnpost. Retrieved July 17, 2012.
  45. "St. Paul OKs domestic partner registry", Star Tribune, July 23, 2009
  46. Birkey, Andy (June 2, 2010). "Edina passes domestic partner registry". TheColu.mn.
  47. "Rochester City Council passes domestic-partnership ordinance", Post Bulletin, July 7, 2010, archived from the original on July 15, 2010
  48. Nelson, Tim (November 9, 2010). "Maplewood passes domestic partnership ordinance". Minnesota Public Radio. Retrieved July 17, 2012.
  49. Smetanka, Mary (November 17, 2010). "Golden Valley is 7th city to approve domestic partner registry". StarTribune. Retrieved July 17, 2012.
  50. "St. Louis Park passes final vote on domestic partnership registration ordinance", MN Sun, January 26, 2011
  51. Brett, Brouse (May 24, 2011). "Red Wing to recognize domestic partnerships". PostBulletin. Retrieved July 17, 2012.
  52. "Richfield to Recognize Same-Sex Couples", Richfield Patch, January 25, 2011, archived from the original on August 26, 2011
  53. "Same-sex couples can now register in Shoreview", Shoreview Press, September 22, 2011
  54. Aslanian, Sasha (July 28, 2011). "Falcon Heights is 12th city with domestic partner registry". Minnesota Public Radio. Retrieved June 10, 2012.
  55. Dillmann, Chris (November 25, 2011). "Shorewood OKs domestic partnership registration". The Pioneer. Retrieved July 17, 2012.
  56. Birkey, Andy (January 4, 2012). "Eagan City Council passes domestic partner registry". Twin Cities Daily Planet.
  57. Mary Jane Smetanka (January 24, 2012). "Eden Prairie OKs registry for domestic partners". Star Tribune.
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