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. After 51.19% 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, 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.

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 This decision would be repealed on June 26, 2015, in the case of Obergefell v. Hodges.

Legal history 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.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."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.] The U.S. Supreme Court accepted their appeal but declined to review the case.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.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". On October 10, 1972, a one-sentence order said, "The appeal is dismissed for want of a substantial federal question." 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,Newsletter (p. 6), "Hidden Treasures from the Stacks", September 2013; available online from The National Archives at Kansas City.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". their wedding became the earliest same-sex marriage ever to be recorded in the public files of any civil government.William N. Eskridg Jr. and Christopher R. Riano, "Marriage Equality: From Outlaws to In-Laws", Yale University Press (2020), Chapter 24.

Responding to the Supreme Court ruling, delegates at the Minnesota Democratic–Farmer–Labor Party (DFL) State Convention in June 1972 voted to add a plank to the party platform supporting same-sex marriage rights.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) Mocked by leadership as the "lunatic fringe", admired by peers. This is the first known case of support by a major United States political party for same-sex marriage,Michael McConnell Files, "America's First Gay Marriage" [Binder #7], Tretter Collection in GLBT Studies, U of M Libraries. 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.

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. 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.Star Tribune: Abbey Simons, "Judge dismisses challenge to gay marriage barriers," March 8, 2011 , accessed March 9, 2011

Attempts to pass constitutional ban

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?" The amendment was defeated by 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.

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

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

In late 2008, Senator John Marty, announced plans to introduce a bill legalizing same-sex marriage. 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. 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. 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. 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 in the state. 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. Other committees of each chamber reviewed the financial impact of the legislation on 6 and 7 May. 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. 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. 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. Under the provisions of the legislation, the first same-sex marriage were likely to take place on August 1, 2013. 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.518.07 Residence of Parties, accessed May 12, 2013 Some Minnesota counties announced plans to make marriage licenses available as early as June 6.

+May 9, 2013 vote in the House of Representatives Political affiliation Voted for Voted against Absent (Did not vote) Democratic–Farmer–Labor Party – Republican Party – Total 59 0

+May 13, 2013 vote in the Senate Political affiliation Voted for Voted against Absent (Did not vote) Democratic–Farmer–Labor Party – Republican Party – Total 30 0

The law took effect on July 1, 2013, and Minnesota has recognized the validity of same-sex marriages from other jurisdictions since then. The state began issuing its own marriage licenses to same-sex couples on August 1, 2013. Margaret Miles and Cathy ten Broeke were the first couple to be married in Minneapolis at midnight on August 1, in a ceremony officiated by Mayor R. T. Rybak at Minneapolis City Hall. The definition of marriage in the state of Minnesota is now the following:2015 Minnesota Statutes 517.01 CIVIL MARRIAGE CONTRACT.

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