Same-sex marriage in Minnesota

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Same-sex marriage in Minnesota is fully legal and recognized. It has 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 52.6% 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.

Lawsuits[edit]

Baker v. Nelson was the first case in United States history in which a same-sex couple sued over marriage rights. In 1971, the Minnesota Supreme Court ruled that Minnesota's laws prohibited marriages between same-sex partners and did not violate the federal constitution.[2] 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."[3]

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.[4] 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.[5]

Efforts to amend the state constitution[edit]

Main article: 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 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?"[6] 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 and then 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% of voters.[7] Minnesota became the second state to reject such a ban through popular referendum. On May 9, 2013, the House of Representatives passed a bill to legalize same-sex marriage on a vote of 75 to 59.[8] On May 13, 2013, the Senate passed the bill on a vote of 37-30.[9] Governor Mark Dayton signed the bill into law on May 14, and the legalization of same-sex marriages took effect on August 1, 2013.[10]

Legislation[edit]

The first same-sex wedding in Minneapolis

In 1997, the state legislature passed a statutory ban on same-sex marriage shortly after passage of the federal Defense of Marriage Act.[11]

Late in 2008, State Sen. John Marty, DFL-Roseville, announced plans to introduce a bill legalizing same-sex marriage.[12] 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. Its authors were Marty and Sens. Scott Dibble, Linda Higgins, Mee Moua, and Patricia Torres Ray.[13] The bill failed to get a hearing by the Senate Judiciary Committee.

In December 2012, Rep. Alice Hausman and Sen. Marty announced plans to introduce same-sex marriage legislation in 2013. They and legislative leaders expressed varying views on its prospects.[14] 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.[15] On February 28, 2013, HF 1054, officially titled Marriage between two persons provided for, and exemptions and protections based in religious associations provided for,[16] was introduced in the Minnesota Legislature to legalize same-sex marriage in the state.[17] 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.[18] Other committees of each house reviewed the financial impact of the legislation on 6 and 7 May.[19] On May 9, 2013, the House passed same-sex marriage legislation by a vote of 75-59, with all but two Democrats voting for the bill and all but four Republicans voting against.[20] 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.[9] Governor Mark Dayton signed the bill into law on May 14, 2013; it took effect on August 1, 2013.[21] 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.[22] Some Minnesota counties announced plans to make marriage licenses available as early as June 6.[23]

The law took effect on July 1, and Minnesota has recognized the validity of same-sex marriage from other jurisdictions since then. The state began issuing its own certificates on August 1, 2013.[24] 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.[25]

Public opinion[edit]

A May 2011 Public Policy Polling survey found that 46% of Minnesota voters supported the legalization of same-sex marriage, while 45% opposed it and 9% were not sure. A separate question in the same survey found that, with the option of civil unions but not marriage, 72% of Minnesota voters supported legal recognition for same-sex couples, with 38% supporting same-sex marriage, 34% supporting civil unions, 26% opposing any legal recognition, and 2% not sure.[26]

A January 2012 Public Policy Polling survey found that 43% of Minnesota voters supported the legalization of same-sex marriage, while 47% opposed it and 10% were not sure. A separate question in the same survey found that, with the option of civil unions but not marriage, 71% of Minnesota voters supported legal recognition for same-sex couples, with 37% supporting same-sex marriage, 34% supporting civil unions, 27% opposing any legal recognition, and 2% not sure.[27]

A June 2012 Public Policy Polling survey found that 47% supported same-sex marriage and 42% were opposed. 11% were unsure.[28]

A September 2012 Public Policy Polling survey found that 43% of Minnesota voters supported the legalization of same-sex marriage, while 46% opposed it and 11% were not sure. A separate question in the same survey found that, with the option of civil unions but not marriage, 72% of Minnesota voters supported legal recognition for same-sex couples, with 40% supporting same-sex marriage, 32% supporting civil unions, 25% opposing any legal recognition, and 3% not sure.[29]

A October 2012 Public Policy Polling survey found that 47% of Minnesota voters supported the legalization of same-sex marriage, while 43% opposed it and 10% were not sure. A separate question in the same survey found that, with the option of civil unions but not marriage, 74% of Minnesota voters supported legal recognition for same-sex couples, with 43% supporting same-sex marriage, 31% supporting civil unions, 24% opposing any legal recognition, and 2% not sure.[30]

A November 2012 Public Policy Polling survey found that 49% of Minnesota voters supported the legalization of same-sex marriage, while 41% opposed it and 10% were not sure.[31]

A January 2013 Public Policy Polling survey found that 47% of Minnesota voters supported the legalization of same-sex marriage, while 45% opposed it. Voters under 45 support same-sex marriage by a 53/38 margin, but only 36/54 of seniors do so.[32]

An April 2013 SurveyUSA poll found that 51% of Minnesota voters supported the legalization of same-sex marriage, while 47% opposed it and 2% were not sure.[33]

A June 2013 Star Tribune Minnesota poll found that 46% of Minnesotans support legalizing same-sex marriage, while 44% are opposed and 10% remain undecided.[34]

Domestic partner registry[edit]

Eighteen cities in Minnesota, covering a total population of more than one million, have domestic partner registries allowing unmarried homosexual and heterosexual couples the right to obtain a certificate signifying that they are not related by blood and are committed to each other:[35][36]

See also[edit]

References[edit]

  1. ^ Marriage equality in Minnesota: A gay-rights victory in the Midwest, September 13, 2013, retrieved May 13, 2013 
  2. ^ Same-Sex Marriage in Minnesota, Minnesota Legislative Reference Library, June 2009 
  3. ^ Baker v. Nelson, 409 810 (U.S. 1972).
  4. ^ Marry Me Minnesota, retrieved January 9, 2010 
  5. ^ Star Tribune: Abbey Simons, "Judge dismisses challenge to gay marriage barriers," March 8, 2011, accessed March 9, 2011
  6. ^ "Minnesota Secretary of State: Constitutional Amendments and the 2012 General Election". sos.state.mn.us. September 24, 2012. Retrieved May 9, 2013. 
  7. ^ MSNBC (November 7, 2012). "Minnesota election results". MSNBC. 
  8. ^ David Bailey (May 9, 2013). "Minnesota House votes to advance same-sex marriage bill". Reuters. 
  9. ^ a b "Minnesota to Become 12th State with Marriage Equality". towleroad.com. May 13, 2013. Retrieved May 13, 2013. 
  10. ^ Stassen, Rachel E. "In historic vote, Minnesota Senate approves same-sex marriage | Hot Dish Politics". StarTribune.com. Retrieved 2013-12-02. 
  11. ^ "Minnesota Statutes 2007 – Chapter 517. Domestic Relations". Minnesota Legislature – Office of the Revisor of Statutes. 2007. Retrieved March 7, 2009. 
  12. ^ "Key dates in gay marriage debate". Star Tribune. December 18, 2008. Retrieved February 7, 2009. 
  13. ^ "Same-sex marriage bill introduced in legislature". Minnesota Christian Examiner. March 2009. Retrieved December 21, 2012. 
  14. ^ Budig, T.W. (December 19, 2012). "Same-sex marriage supporters want to move quickly on a bill". Star News. Retrieved December 21, 2012. 
  15. ^ "State senator promises gay marriage bill in 2013 session". KARE11. January 2, 2013. Retrieved January 4, 2013. 
  16. ^ "HF 1054 Status in the House for the 88th Legislature (2013 - 2014)". Revisor.mn.gov. Retrieved 2013-12-02. 
  17. ^ Minnesota State Legislature (10 May 2013). "HF 1054 Status in the House for the 88th Legislature (2013 - 2014)". Minnesota State Legislature. 
  18. ^ Baskt, Brian (December 5, 2011). "Minn. House, Senate Panels Pass-Gay-Marriage-Bills". SF Gate. Associated Press. Retrieved March 13, 2013. 
  19. ^ Boldt, Megan (May 7, 2013). "Gay marriage clears Minnesota House panel; floor vote on hold". twincities.com. Retrieved May 7, 2013. 
  20. ^ "Minnesota House approves gay marriage bill after two-hour debate". startribune.com. May 9, 2013. Retrieved May 9, 2013. 
  21. ^ Wong, Curtis (May 14, 2013). "Minnesota Legalizes Gay Marriage: Gov. Mark Dayton Signs Bill Into Law". Huffpost Gay Voices. Retrieved May 14, 2013. 
  22. ^ 518.07 Residence of Parties, accessed May 12, 2013
  23. ^ 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. 
  24. ^ Miranda, Maricella (June 28, 2013). "New 2013 Minnesota Laws in Effect July 1". KSTP.com. Retrieved July 13, 2013. 
  25. ^ "1st to tie the knot: Margaret Miles, and Cathy ten Broeke". Star Tribune. August 1, 2013. Retrieved December 7, 2013. 
  26. ^ "Minnesota Survey Results" (PDF). Public Policy Polling. June 1, 2011. 
  27. ^ "Minnesota Survey Results" (PDF). Public Policy Polling. January 27, 2012. Retrieved June 10, 2012. 
  28. ^ "Minnesotans’ opposition to marriage amendment growing". Public Policy Polling. Retrieved 2012-06-05. 
  29. ^ "Minnesota split on marriage amendment". Public Policy Polling. Retrieved 2012-09-12. 
  30. ^ "Minnesota supports gay marriage". Public Policy Polling. Retrieved 2012-10-08. 
  31. ^ "Obama up 8 in Minnesota, amendments trail for passage". Public Policy Polling. Retrieved 2012-11-03. 
  32. ^ "Minnesota miscellany". Public Policy Polling. Retrieved January 27, 2013. 
  33. ^ "Results of SurveyUSA News Poll #20460". SurveyUSA. Retrieved April 28, 2013. 
  34. ^ "Minnesota Poll: Support gay marriage? 46% say I do". StarTribune. June 20, 2013. 
  35. ^ One Million Minnesotans Now Covered by Domestic Partner Registries, The Minnesota Independent, February 10, 2011 
  36. ^ "Domestic Partnerships". OutFront Minnesota. Retrieved July 17, 2012. 
  37. ^ Kimball, Joe (May 29, 2009). "Duluth to offer domestic partner certificates". Minnpost. Retrieved July 17, 2012. 
  38. ^ St. Paul OKs domestic partner registry, Star Tribune, July 23, 2009 
  39. ^ Birkey, Andy (June 2, 2010). "Edina passes domestic partner registry". TheColu.mn. 
  40. ^ Rochester City Council passes domestic-partnership ordinance, Post Bulletin, July 7, 2010 
  41. ^ Nelson, Tim (November 9, 2010). "Maplewood passes domestic partnership ordinance". Minnesota Public Radio. Retrieved July 17, 2012. 
  42. ^ Smetanka, Mary (November 17, 2010). "Golden Valley is 7th city to approve domestic partner registry". StarTribune. Retrieved July 17, 2012. 
  43. ^ St. Louis Park passes final vote on domestic partnership registration ordinance, MN Sun, January 26, 2011 
  44. ^ Brett, Brouse (May 24, 2011). "Red Wing to recognize domestic partnerships". PostBulletin. Retrieved July 17, 2012. 
  45. ^ Richfield to Recognize Same-Sex Couples, Richfield Patch, January 25, 2011 
  46. ^ Same-sex couples can now register in Shoreview, Shoreview Press, September 22, 2011 
  47. ^ Aslanian, Sasha (July 28, 2011). "Falcon Heights is 12th city with domestic partner registry". Minnesota Public Radio. Retrieved June 10, 2012. 
  48. ^ Dillmann, Chris (November 25, 2011). "Shorewood OKs domestic partnership registration". The Pioneer. Retrieved July 17, 2012. 
  49. ^ Birkey, Andy (January 4, 2012). "Eagan City Council passes domestic partner registry". Twin Cities Daily Planet. 
  50. ^ Mary Jane Smetanka (January 24, 2012). "Eden Prairie OKs registry for domestic partners". Star Tribune. 

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