Same-sex marriage in Minnesota

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Same-sex marriage has been fully recognized in the U.S. state of 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.

Contents

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 This decision would finally be repealed on June 26, 2015 in the case of Obergefell v. Hodges .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

Julian Bond and Governor Mark Dayton at a "Vote No" rally against Minnesota Amendment 1 in June 2012 2012-0619-Bond-Dayton.jpg
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 First marriage at Minneapolis City Hall on August 1, 2013.jpg
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.

Rally for same-sex marriage at the Minnesota State Capitol, May 13, 2013

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, [37] 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 first same-sex marriage on the Leech Lake Indian Reservation was performed on November 15, 2013 for Arnold and Matthew Dahl-Wooley. [38]

While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized two-spirit individuals 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. [39] The Ojibwe people have traditionally recognized two-spirit individuals, known in the Ojibwe language as niizh manidoowag (pronounced [niːʒmaˈnɪˌdoːˌwak] ). [40] Many were wives in polygynous households. Two-spirit individuals are known in the Dakota language as wiŋkta (pronounced [ˈwĩkta] ). [41] Many wiŋkta married cisgender men without indication 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. [39] 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. [42]

Demographics and 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. [43]

The Minnesota State Demographer's office announced that there were 8,594 married same-sex couple households in the state in July 2016. [44] The 2020 U.S. census showed that there were 10,049 married same-sex couple households (4,240 male couples and 5,809 female couples) and 7,808 unmarried same-sex couple households in Minnesota. [45]

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. [46] [47] Minneapolis was the first city to establish a domestic partnership registry in the state in 1991, followed by Duluth (2009), [48] St. Paul (2009), [49] Edina (2010), [50] Rochester (2010), [51] Maplewood (2010), [52] Golden Valley (2010), [53] St. Louis Park (2011), [54] Red Wing (2011), [55] Richfield (2011), [56] Shoreview (2011), [57] Robbinsdale (2011), Falcon Heights (2011), [58] Hopkins (2011), Shorewood (2011), [59] Crystal (2011), Eagan (2012), [60] and Eden Prairie (2012). [61]

Public opinion

Public opinion for same-sex marriage in Minnesota
Poll sourceDate(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, 20142,562 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, 2013800 adults± 3.5%46%44%10%
SurveyUSA April 19–21, 2014500 adults± 4.5%51%47%2%
Public Policy Polling January 18–20, 20131,065 voters± 3%47%45%8%
Public Policy Polling November 2–3, 20121,164 likely voters± 2.9%49%41%10%
Public Policy Polling October 5–8, 2012937 likely voters± 3.2%47%43%10%
Public Policy Polling September 10–11, 2012824 likely voters± 3.4%43%46%11%
Public Policy Polling May 31 – June 3, 2012973 voters± 3.1%47%42%11%
Public Policy Polling January 21–22, 20121,236 voters± 2.8%43%47%10%
Public Policy Polling May 27–30, 20111,179 voters± 2.9%46%45%9%

See also

Related Research Articles

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

Richard John Baker v. Gerald R. Nelson, 291 Minn. 310, 191 N.W.2d 185 (1971), was a case in which the Minnesota Supreme Court decided that construing a marriage statute to restrict marriage licenses to persons of the opposite sex "does not offend" the U.S. Constitution. Baker appealed the decision, and on October 10, 1972, the U.S. Supreme Court dismissed the appeal "for want of a substantial federal question".

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

<span class="mw-page-title-main">Same-sex marriage in Hawaii</span>

Same-sex marriage has been legal in Hawaii since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights.

Same-sex marriage has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.

<span class="mw-page-title-main">Jack Baker and Michael McConnell</span> Advocates of marriage rights for gay couples

Richard JohnBaker and James Michael McConnell are the first same sex couple in modern recorded history known to obtain a marriage license, have their marriage solemnized, which occured on September 3, 1971 and be legally recognized by any form of government.

<span class="mw-page-title-main">LGBT rights in Nevada</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Nevada enjoy the same rights as non-LGBT people. Same-sex marriage has been legal since October 8, 2014, due to the federal Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. Same-sex couples may also enter a domestic partnership status that provides many of the same rights and responsibilities as marriage. However, domestic partners lack the same rights to medical coverage as their married counterparts and their parental rights are not as well defined. Same-sex couples are also allowed to adopt, and state law prohibits unfair discrimination on the basis of sexual orientation and gender identity, among other categories, in employment, housing and public accommodations. In addition, conversion therapy on minors is outlawed in the state.

Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.

Same-sex marriage has been legal in Utah since October 6, 2014. On December 20, 2013, the state began issuing marriage licenses to same-sex couples as a result of the U.S. District Court for the District of Utah's ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marrying violates the U.S. Constitution. The issuance of those licenses was halted during the period of January 6, 2014 until October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. On that day, following the U.S. Supreme Court's refusal to hear an appeal in a case that found Utah's ban on same-sex marriage unconstitutional, the Tenth Circuit Court of Appeals ordered the state to recognize same-sex marriage.

Same-sex marriage has been legally recognized in Nevada since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.

Same-sex marriage has been legally recognized in Maine since December 29, 2012. A bill for the legalization of same-sex marriages was approved by voters, 53–47 percent, on November 6, 2012, as Maine, Maryland and Washington became the first U.S. states to legalize same-sex marriage by popular vote. Election results were certified by the Maine Secretary of State's office and the Governor of Maine, Paul LePage, on November 29.

Same-sex marriage has been legally recognized in North Carolina since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. Governor Pat McCrory and Attorney General Roy Cooper had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage.

<span class="mw-page-title-main">LGBT rights in Minnesota</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Minnesota have the same rights and responsibilities as non-LGBT people. Minnesota became the first U.S. state to outlaw discrimination based on sexual orientation and gender identity in 1993, protecting LGBT people from discrimination in the fields of employment, housing, and public accommodations. In 2013, the state legalized same-sex marriage, after a bill allowing such marriages was passed by the Minnesota Legislature and subsequently signed into law by Governor Mark Dayton. This followed a 2012 ballot measure in which voters rejected constitutionally banning same-sex marriage.

Same-sex marriage has been legally recognized in Indiana since October 6, 2014. The state had previously restricted marriage to different-sex couples by statute in 1986. By legislation passed in 1997, it denied recognition to same-sex relationships established in other jurisdictions. A lawsuit challenging the state's refusal to grant marriage licenses to same-sex couples, Baskin v. Bogan, won a favorable ruling from the U.S. District Court for the Southern District of Indiana on June 25, 2014. Until the Seventh Circuit Court of Appeals granted an emergency stay of the district court's ruling on June 27, most Indiana counties issued marriage licenses to same-sex couples. The Seventh Circuit affirmed the district court's ruling in Baskin on September 4. A ruling in Bowling v. Pence stated that the state must recognize same-sex marriages performed out-of-state and the decision was stayed until the Seventh Circuit ruled on the merits in similar cases. It also stated that the ruling would remain stayed if the circuit court stayed its decision in the related cases.

<span class="mw-page-title-main">LGBT rights in Hawaii</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Hawaii enjoy the same rights as non-LGBT people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.

<span class="mw-page-title-main">LGBT rights in Wisconsin</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Wisconsin have many of the same rights and responsibilities as heterosexuals; however, the transgender community may face some legal issues not experienced by cisgender residents, due in part to discrimination based on gender identity not being included in Wisconsin's anti-discrimination laws, nor is it covered in the state's hate crime law. Same-sex marriage has been legal in Wisconsin since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Wolf v. Walker. Discrimination based on sexual orientation is banned statewide in Wisconsin, and sexual orientation is a protected class in the state's hate crime laws. It approved such protections in 1982, making it the first state in the United States to do so.

<span class="mw-page-title-main">LGBT rights in North Carolina</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of North Carolina may face legal challenges not experienced by non-LGBT residents, or LGBT residents of other states with more liberal laws.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

The U.S. state of Texas issues marriage licenses to same-sex couples and recognizes those marriages when performed out-of-state. On June 26, 2015, the United States legalized same-sex marriage nationwide due to the U.S. Supreme Court's decision in Obergefell v. Hodges. Prior to the U.S. Supreme Court's ruling Article 1, Section 32, of the Texas Constitution provided that "Marriage in this state shall consist only of the union of one man and one woman," and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." This amendment and all related statutes have been ruled unconstitutional and unenforceable. Some cities and counties in the state recognize both same-sex and opposite-sex domestic partnerships.

<span class="mw-page-title-main">Timeline of LGBT history in the United States</span>

This is a timeline of notable events in the history of the lesbian, gay, bisexual, and transgender community in the United States.

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