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Last edited May 2014

Resources on Minnesota Issues
Same-Sex Marriage in Minnesota

This guide is compiled by staff at the Minnesota Legislative Reference Library on a topic of interest to Minnesota legislators. It is designed to provide an introduction to the topic, directing the user to a variety of sources, and is not intended to be exhaustive.

Historical Context   U.S. Same-Sex Marriage Laws   Legislative History   Books and Reports
Articles   Internet Resources   Additional Library Resources

The state of Minnesota legalized same-sex marriage on August 1, 2013. It was a dramatic turn of events, occurring less than a year after a proposed constitutional amendment to define marriage as between a man and a woman was unexpectedly defeated during the November 2012 election.

The summer of 2013 also saw the Supreme Court strike down the Defense of Marriage Act (DOMA), the federal law barring the recognition of same-sex marriage, by a narrow margin. The ruling has caused a variety of issues for states that do not recognize same-sex marriage, due to conflicts between state and federal law relating to tax breaks, pension rights, and other benefits.

The issue of same-sex marriage has a long history in Minnesota, including one of the first state Supreme Court cases on the subject in 1971.

Historical Context

The Minnesota Supreme Court was one of the first in the nation to rule on the issue of marriage between same-sex couples. The Baker v. Nelson decision (291 Minn. 310, 191 N.W.2d 185) in 1971 held that Minnesota Statutes prohibited marriages between same-sex partners. The case was appealed to the United States Supreme Court. They issued a one sentence dismissal of the appeal (409 U.S. 810, 34 L Ed 2d 65, 93 S Ct 37; October 10, 1972) that stated, "The appeal is dismissed for want of a substantial federal question." Another significant event was the passage of Laws of Minnesota 1977, chapter 441, sec. 1. It amended Minnesota Statutes chapter 517.01 which included the phrase, "Marriage, so far as its validity in law is concerned, is a civil contract." To the end of this sentence they added the words, "between a man and a woman."

Twenty-five years after the Baker decision, the federal Defense of Marriage Act (DOMA) was signed into law on September 21, 1996 (U.S. Code Title 1, chapter 1, section 7 and U.S. Code Title 28, chapter 115, section 1738C). On July 8, 2010, a United States District Court Judge in Boston, Massachusetts ruled in Gill v. Office of Personnel Management that portions of the federal DOMA were unconstitutional. The federal government filed an appeal in January 2011. On February 23, 2011, the White House directed the U.S. Department of Justice to stop defending DOMA in court.

In 1997, the Minnesota Legislature passed its own version of what has been referred to as the Defense of Marriage Act (Laws of Minnesota 1997, chapter 203, article 10). The governor approved it on June 2, 1997. This act clarified that "lawful marriage may be contracted only between persons of the opposite sex" and went on to specifically prohibit "marriage between persons of the same sex" (Minnesota Statutes, chapters 517.01 and 517.03).

In November 2003, the Supreme Judicial Court of Massachusetts ruled in Goodridge v. Department of Public Health that the denial of civil marriage rights to gays and lesbians was unconstitutional in that state. Due in large part to this decision, efforts were made to constitutionally ban marriage between same-sex partners and, in some bills, its legal equivalent in Minnesota with the introduction of HF 2798/SF 2715, and SF 3003 in 2004. These efforts were unsuccessful.

In May 2010, three same-sex couples from Minnesota filed a lawsuit, Benson v. Alverson, in Hennepin County District Court. They argued that Minnesota's ban on marriage between same-sex partners violates due process, equal protection, and freedom of association rights. On March 7, 2011, Hennepin County District Judge Mary Dufresne rejected their argument and dismissed the lawsuit.

SF 1308 was passed by the Minnesota Legislature in May 2011. The bill proposed an amendment to the Minnesota Constitution stating that marriage is the union of one man and one woman. Although constitutional amendment legislation cannot be vetoed, on May 25, 2011, Governor Dayton issued a "symbolic veto" of Laws of Minnesota 2011, chapter 88 (SF 1308). The amendment was rejected by Minnesota voters in the 2012 election.

On July 11, 2011 the couples involved in the Benson v. Alverson lawsuit filed an appeal with the Minnesota Court of Appeals. On January 23, 2012, the Minnesota Court of Appeals released their unpublished opinion. They affirmed that Minnesota's Defense of Marriage Act does no+t violate the single subject or freedom of conscience clauses of the Minnesota Constitution. However, they sent the case back to the district court for a more thorough review of the claims related to citizens' constitutional rights to due process, freedom of association, and equal protection. A Petition for Review related to the dismissal of the case against the state was filed with the Minnesota Supreme Court. On April 17, 2012, the Minnesota Supreme Court declined to review the case, allowing it to proceed to trial in Hennepin County. On September 14, 2012, Judge Mary Steenson Dufresne began hearing motions in the case. In late January, 2013, an agreement was reached between the county and the attorney for the plaintiffs to put off all action until June 1, after the end of the 2013 Minnesota Legislative session.

Several bills were introduced in the 2013 legislative session to address marriage law as the same-sex marriage debate continued in Minnesota. A bill to establish civil unions was introduced in the Minnesota House of Representatives on April 04, 2013. A House bill that would eliminate the word "marriage" altogether from state law and enshrine "civil unions" in its place was introduced on April 25, 2013. HF 1054, with the description, "Marriage between two persons provided for, and exemptions and protections based in religious association provided for," is the bill that ultimately passed in the Legislature.

On May 14, 2013, Governor Mark Dayton signed HF 1054 into law, making Minnesota's marriage law gender neutral. The bill was passed by the Minnesota House of Representatives on May 9, 2013, and the Senate on May 13, 2013. The law went into effect August 1, 2013.

The Supreme Court ruled in Windsor v. United States that the Defense of Marriage Act (DOMA) was unconstitutional on June 26, 2013. The court struck down the federal law, which barred the federal government from recognizing same-sex marriages legalized by the states, by a 5-4 vote. because it denies same-sex couples the "equal liberty" guaranteed by the Fifth Amendment. The majority opinion was written by Justice Anthony Kennedy and joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito dissented. The ruling means gay and lesbian couples who are legally married will be able to take advantage of federal tax breaks, pension rights and other benefits that are available to other married couples.

U.S. Same-Sex Marriage Laws

The issue of extending marriage rights to same-sex couples continues to be debated throughout the United States. Some states have allowed same-sex marriage or same sex-civil unions, while a number of others have banned them. States have taken different legal approaches; the issue has been addressed through both state laws and through constitutional amendments. The scope of these laws and constitutional amendments vary. In states that have defined marriage as a union between a man and a woman, some ban same-sex marriage, civil unions, and domestic partnerships while others ban only same-sex marriage. In states that have legally recognized same-sex unions, some allow same-sex marriage, while others may allow civil unions or domestic partnerships.

Nineteen states and the District of Columbia allow same-sex couples to marry:
California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and the District of Columbia.

Oklahoma, Virginia, Texas, Michigan, Idaho, Arkansas, Wisconsin, Indiana, Kentucky, and Florida (Florida Keys area only) have had court rulings allowing same-sex marriage; the rulings are stayed pending appeals.

Utah's lower court decision overturning same-sex marriage was upheld by the 10th Circuit Court of Appeals in Denver on June 25, 2014, the first appeals court in the nation to rule on the issue. The ruling applies to five other states in the circuit: New Mexico, Wyoming, Colorado, Kansas and Oklahoma. The decision was immediately stayed, paving the way for a Supreme Court challenge.

A decision by the 4th Circuit Court of Appeals overturning gay marriage was made July 28, 2014. While addressing a challenge from Virginia, the ruling applies to West Virginia, North Carolina, South Carolina, and Maryland. Each state must decide how to proceed, although Maryland already allows gay marriage. An appeal to the Supreme Court is expected.

The National Conference of State Legislature's guide, Defining Marriage: Defense of Marriage Acts and Same-Sex Marriage Laws, provides a helpful summary of states' actions on this issue.

Legislative History

Here are some of the efforts that have occurred in the Minnesota Legislature to address this issue since 1969:

1971
  • SF 178/HF 61 were introduced to define marriage as a civil contract between male and female persons.
1977-78 1993-94
  • HF 3016/SF 1674 were introduced and stated that Minnesota would not recognize homosexual marriages performed in other states.
1997-98
  • HF 3773 was introduced authorizing same-sex marriage.
  • HF 16 /SF 11, HF 41, HF 69, HF 395, HF 585, HF 1065, HF 1268, and HF 1725 were introduced to create specific statutory prohibitions on same-sex marriage in Minnesota. Other than an unsuccessful effort to recall SF 11 from committee on the Senate Floor on March 26, 1997, none of these bills had hearings. However, language from these bills was amended into HF 925 with the acceptance of the A-25 amendment that was offered in the House Judiciary Committee on March 19, 1997. Attempts to get this language into SF 830 in the Senate Judiciary Committee on April 7, 1997 with the A-17 amendment failed. Another attempt to add the same-sex marriage prohibition language occurred in relation to SF 1908 on the Senate Floor on April 17, 1997. The amendment was ruled not germane. The language appears to have been added to SF 1908 in the House Health and Human Services Committee on April 18, 1997 with the adoption of the MB34 amendment. The language was then brought into the Conference Committee on SF 1908 in the House version of the bill. This was the bill that eventually passed (Laws of Minnesota 1997, chapter 203, article 10). This issue may have been discussed in other meetings as well. The dates listed above are simply a few places to start your research and are by no means an exhaustive list. A complete legislative history research of all of the bills involved is the main way to determine when the issue was discussed elsewhere.
2004
  • HF 2798/ SF 2715 were introduced to create a constitutional amendment recognizing marriage as between one man and one woman. These bills were heard in committee.
  • SF 3003 was introduced to create a constitutional amendment restricting marriage definitions to the judicial branch. This bill had committee hearings.
2005-06
  • HF 6/SF 1691 were introduced to create a constitutional amendment stating that marriage would be the union of one man and one woman only. Hearings were held by both the House and Senate.

  • HF 3921/SF 3504, HF 3922/SF 3501, SF 2992, SF 3499, SF 3500, SF 3502, SF 3503, and SF 3563 were introduced to create a constitutional amendment stating that marriage would be the union of one man and one woman.
  • SF 1958 was introduced to create a constitutional amendment restricting marriage definitions to the judicial branch.
2007-08
2009-2010
  • SF 120/HF 893 (hearings held), SF 1210/HF 1644 (Senate hearing) and SF 2145 were introduced to make marriage laws gender neutral.
  • HF 999 was introduced to create civil union contracts.
  • HF 1655/SF 1988 were introduced to create a marriage evaluation study group. A hearing was held in the House.
  • HF 1740/SF 1732 were introduced to allow recognition of same-sex marriages performed in other states. Hearings were held by both the House and Senate.
  • HF 1824/SF 1976, HF 1870/SF 1975, and HF 1871/SF 1974 were introduced to create a constitutional amendment stating that marriage would be the union of a man and a woman.
2011-2012 2013
  • HF 1054/SF 925 and SF 1015 were introduced to make marriage laws gender neutral. HF 1054 passed as Laws of Minnesota 2013, chapter 74.
  • HF 1687 was introduced to establish civil union contracts.
  • HF 1805 was introduced to eliminate the word "marriage" altogether from Minnesota law and enshrine "civil unions" in its place.

Significant Books and Reports

Corvino, John. Debating Same-Sex Marriage. New York: Oxford University Press, 2012. (HQ1033 .C675 2012)

Equality from State to State: Gay, Lesbian, Bisexual and Transgender Americans and State Legislation. Washington D.C.: Human Rights Campaign Foundation, 2004-2011. (HQ73.3 .U6 E68)

Features of State Same-Sex Marriage Constitutional Amendments. St. Paul, MN: Research Dept., Minnesota House of Representatives, 2005. (HN79 .M6 S56 2005)

Kastanis, Angeliki, and M. V. Lee Badgett. Estimating the Economic Boost of Marriage Equality in Minnesota. Los Angeles, CA: the Williams Institute, 2013. (HQ1034.U5 K37 2013)

Minnesota State Bar Association Unmarried Couples Task Force Report. Minnesota, The Association, 2009. (KFM5502.A3 M56 2009)

Stone, Amy L. Gay Rights at the Ballot Box. Minneapolis: University of Minnesota Press, 2012. (HQ78.U5 S76 2012).

Significant Articles

Buffie, William C. "Public Health Implications of Same-Sex Marriage." American Journal of Public Health, June 2011, p. 986-990.

"The Case for Marriage (What Marriage is For)." National Review, September 20, 2010, p. 16-20.

Collett, Teresa Stanton. "Constitutional Confusion: The Case for the Minnesota Marriage Amendment." William Mitchell Law Review, Number 3, 2007, p. 1029-1057.

Cook, Mike. "To Have and To Hold." Session Weekly, St. Paul: Minnesota House of Representatives Information Office, February 25, 2010, p. 19, 23.

Cox, Barbara J. "'The Tyranny of the Majority is No Myth': Its Dangers for Same-Sex Couples." Hamline Journal of Public Law and Policy, Spring 2013, p. 235-257.

"Gay Marriage." CQ Researcher, March 15, 2013, entire issue.

"Gay Marriage: The Defense of Marriage Act on Trial." Supreme Court Debates, May 2013, entire issue.

Goldstein, Charles M. and Micaela Magsamen. "Constitutional Concerns in Defining Marriage in Minnesota." Hennepin Lawyer, March 2012, p. 8-14.

Kuznicki, Jason. "Marriage Against the State. Toward a New View of Civil Marriage." Policy Analysis, January 12, 2011, entire issue.

Lau, Holning and Charles Q. Strohm. "The Effects of Legally Recognizing Same-Sex Unions on Health and Well-Being." Law and Inequality, Winter 2011, p. 107-148.

Mannix, Andy. "When will gay marriage be legal in Minnesota?" City Pages. January 2, 2013.

Pentelovitch, William Z., and Alain M. Baudry. "When Conventional Wisdom is Wrong: Why Recent Proposed Amendments to the Minnesota Constitution Should Not Have Been Put to a Popular Vote." Hamline Journal of Public Law and Policy, Spring 2013, p. 193-233.

Schlichting, JoLynn M. "Note: Minnesota's Proposed Same-Sex Marriage Amendment: a Flamingly Unconstitutional Violation of Full Faith and Credit, Due Process, and Equal Protection." William Mitchell Law Review, Number 4, 2005, p. 1649-1676.

Schultz, David. "Liberty v. Elections: Minority Rights and the Failure of Direct Democracy." Hamline Journal of Public Law and Policy, Spring 2013, p. 169-191.

Wardle, Lynn D. "The Proposed Minnesota Marriage Amendment in Comparative Constitutional Law: Substance and Procedure." Hamline Journal of Public Law and Policy, Spring 2013, p. 141-168.

Significant Internet Resources

Minnesota's New Same-Sex Marriage Law - A guide and resources from the Minnesota Department of Human Rights. Includes a link to frequently asked questions.

National Conference of State Legislatures' Defining Marriage: Defense of Marriage Acts and Same-Sex Marriage Laws

Same-Sex Marriage Guide - A guide created by the Minnesota State Law Library.

Same-Sex Marriage in the United States - Data from Wikipedia, the free encyclopedia. Provides a general overview of the subject including history, timeline, arguments for, arguments against, and current status worldwide.

Williams Institute, UCLA School of Law - Independent research on public policy and laws related to sexual orientation. Includes a number of publications on the economic impacts of extending or denying rights based on sexual orientation.

Additional Library Resources

For historical information, check the following codes in the Newspaper Clipping File and the Vertical File:
C92.2 (Constitution-MN Amendments and Revision), H40 (Homosexuality), M22 (Marriage)

Minnesota Legislative Reference Library, 645 State Office Building, Saint Paul, MN  55155