Bill Text: MN SF925 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Marriage between two persons authorization
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2013-05-10 - HF substituted on General Orders HF1054 [SF925 Detail]
Download: Minnesota-2013-SF925-Introduced.html
Bill Title: Marriage between two persons authorization
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2013-05-10 - HF substituted on General Orders HF1054 [SF925 Detail]
Download: Minnesota-2013-SF925-Introduced.html
1.2relating to marriage; providing for marriage between two persons; providing for
1.3exemptions based on religious association;amending Minnesota Statutes 2012,
1.4sections 363A.26; 517.01; 517.03, subdivision 1; 517.08, subdivision 1a; 517.09;
1.5518.07; proposing coding for new law in Minnesota Statutes, chapter 517.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 363A.26, is amended to read:
1.8363A.26 EXEMPTION BASED ON RELIGIOUS ASSOCIATION.
1.9Nothing in this chapter prohibits any religious association, religious corporation, or
1.10religious society that is not organized for private profit, or any institution organized for
1.11educational purposes that is operated, supervised, or controlled by a religious association,
1.12religious corporation, or religious society that is not organized for private profit, from:
1.13(1) limiting admission to or giving preference to persons of the same religion
1.14or denomination;or
1.15(2) in matters relating to sexual orientation, taking any action with respect to
1.16education, employment, housing and real property, or use of facilities. This clause shall
1.17not apply to secular business activities engaged in by the religious association, religious
1.18corporation, or religious society, the conduct of which is unrelated to the religious and
1.19educational purposes for which it is organized.; or
1.20(3) taking any action with respect to the provision of goods, services, facilities, or
1.21accommodations directly related to the solemnization or celebration of a marriage that is
1.22in violation of its religious beliefs.
2.1 Sec. 2. Minnesota Statutes 2012, section 517.01, is amended to read:
2.2517.01 MARRIAGE A CIVIL CONTRACT.
2.3Marriage, so far as its validity in law is concerned, is a civil contract betweena
2.4man and a woman two persons, to which the consent of the parties, capable in law of
2.5contracting, is essential. Lawful marriage may be contractedonly between persons of the
2.6opposite sex and only when a license has been obtained as provided by law and when the
2.7marriage is contracted in the presence of two witnesses and solemnized by one authorized,
2.8or whom one or both of the parties in good faith believe to be authorized, so to do.
2.9Marriages subsequent to April 26, 1941, not so contracted shall be null and void.
2.10 Sec. 3. Minnesota Statutes 2012, section 517.03, subdivision 1, is amended to read:
2.11 Subdivision 1. General.(a) The following marriages are prohibited:
2.12(1) a marriage entered into before the dissolution of an earlier marriage of one of
2.13the parties becomes final, as provided in section518.145 or by the law of the jurisdiction
2.14where the dissolution was granted;
2.15(2) a marriage between an ancestor and a descendant, or betweena brother and a
2.16sister siblings, whether the relationship is by the half or the whole blood or by adoption; and
2.17(3) a marriage between an uncleand a niece, between an or aunt and a niece or
2.18nephew, or between first cousins, whether the relationship is by the half or the whole blood,
2.19except as to marriages permitted by the established customs of aboriginal cultures; and.
2.20(4) a marriage between persons of the same sex.
2.21(b) A marriage entered into by persons of the same sex, either under common law or
2.22statute, that is recognized by another state or foreign jurisdiction is void in this state and
2.23contractual rights granted by virtue of the marriage or its termination are unenforceable in
2.24this state.
2.25 Sec. 4. Minnesota Statutes 2012, section 517.08, subdivision 1a, is amended to read:
2.26 Subd. 1a. Form. Application for a marriage license shall be made by both of the
2.27parties upon a form provided for the purpose and shall contain the following information:
2.28(1) the full names of the parties and the sex of each party;
2.29(2) their post office addresses and county and state of residence;
2.30(3) their full ages;
2.31(4) if either party has previously been married, the party's married name, and the
2.32date, place and court in which the marriage was dissolved or annulled or the date and
2.33place of death of the former spouse;
2.34(5) if either party is a minor, the name and address of the minor's parents or guardian;
3.1(6) whether the parties are related to each other, and, if so, their relationship;
3.2(7) address of thebride and groom parties after the marriage to which the local
3.3registrar shall send a certified copy of the marriage certificate;
3.4(8) the full names the parties will have after marriage and the parties' Social Security
3.5numbers. The Social Security numbers must be collected for the application but must not
3.6appear on the marriage license. If a party listed on a marriage application does not have a
3.7Social Security number, the party must certify on the application, or a supplement to the
3.8application, that the party does not have a Social Security number;
3.9(9) if one or both of the parties to the marriage license has a felony conviction
3.10under Minnesota law or the law of another state or federal jurisdiction, the parties shall
3.11provide to the county proof of service upon the prosecuting authority and, if applicable,
3.12the attorney general, as required by section259.13 ; and
3.13(10) notice that a party who has a felony conviction under Minnesota law or the law
3.14of another state or federal jurisdiction may not use a different name after marriage except
3.15as authorized by section259.13 , and that doing so is a gross misdemeanor.
3.16 Sec. 5. Minnesota Statutes 2012, section 517.09, is amended to read:
3.17517.09 SOLEMNIZATION.
3.18 Subdivision 1. General. No particular form is required to solemnize a marriage,
3.19except: the parties shall declare in the presence of a person authorized to solemnize
3.20marriages and two attending witnesses thatthey take each takes the other as husband and,
3.21 wife, or spouse; or the marriage shall be solemnized in a manner provided by section
3.22517.18
.
3.23 Subd. 2. Refusal to solemnize; protection of religious doctrine. Each religious
3.24organization, association, or society has exclusive control over its own theological
3.25doctrine, policy, teachings, and beliefs regarding who may marry within that faith. A
3.26licensed or ordained member of the clergy or other person authorized by section 517.08
3.27to solemnize a marriage is not subject to any fine, penalty, or civil liability for failing or
3.28refusing to solemnize a marriage for any reason.
3.29 Sec. 6. [517.201] RELATIONSHIP TO OTHER LAW; RULES OF
3.30CONSTRUCTION.
3.31 Subdivision 1. Religious freedom; Human Rights Act. (a) This chapter does not
3.32alter or affect the protections or exemptions provided in chapter 363A for a religious
3.33association, educational institution, business, labor union, place of public accommodation,
3.34employer, or other person.
4.1(b) This chapter must not be construed to affect the manner in which a religious
4.2association, religious corporation, or religious society that is not organized for private
4.3profit, or an institution organized for educational purposes that is operated, supervised,
4.4or controlled by a religious association, religious corporation, or religious society that is
4.5not organized for private profit, provides adoption, foster care, or social services, if that
4.6association, corporation, society, or educational institution does not receive public funds
4.7for that specific program or purpose.
4.8 Subd. 2. Federal law. To the extent that a law of this state incorporates federal
4.9law in a way that would result in spouses of the same sex being treated differently than
4.10spouses of opposite sexes, the law of this state must be construed to treat spouses of the
4.11same sex in the same manner as spouses of opposite sexes.
4.12 Subd. 3. Rules of construction. When necessary to implement the rights and
4.13responsibilities of spouses or parents under the laws of this state, including those that
4.14establish parentage presumptions based on marriage, gender-specific terminology, such
4.15as "husband," "wife," "mother," "father," "widow," "widower," or similar terms, must be
4.16construed in a neutral manner to refer to a person of either gender.
4.17 Sec. 7. Minnesota Statutes 2012, section 518.07, is amended to read:
4.18518.07 RESIDENCE OF PARTIES.
4.19 Subdivision 1. General. Except as provided in subdivision 2, no dissolution shall
4.20be granted unless:
4.21 (1) one of the parties has resided in this state, or has been a member of the armed
4.22services stationed in this state, for not less than 180 days immediately preceding the
4.23commencement of the proceeding; or
4.24(2) one of the parties has been a domiciliary of this state for not less than 180 days
4.25immediately preceding commencement of the proceeding.
4.26 Subd. 2. Action for dissolution by certain nonresidents. (a) If neither party to the
4.27marriage is a resident of this state at the commencement of the proceeding, a court of this
4.28state has jurisdiction over the dissolution if:
4.29(1) the marriage was performed in this state; and
4.30(2) neither party to the marriage resides in a jurisdiction that will maintain an action
4.31for dissolution by the parties because of the sex or sexual orientation of the spouses.
4.32(b) There is a rebuttable presumption that a jurisdiction will not maintain an action
4.33for dissolution if the jurisdiction does not recognize the marriage.
4.34(c) An action for dissolution authorized by this subdivision must be adjudicated
4.35in accordance with the laws of this state.
1.3exemptions based on religious association;amending Minnesota Statutes 2012,
1.4sections 363A.26; 517.01; 517.03, subdivision 1; 517.08, subdivision 1a; 517.09;
1.5518.07; proposing coding for new law in Minnesota Statutes, chapter 517.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 363A.26, is amended to read:
1.8363A.26 EXEMPTION BASED ON RELIGIOUS ASSOCIATION.
1.9Nothing in this chapter prohibits any religious association, religious corporation, or
1.10religious society that is not organized for private profit, or any institution organized for
1.11educational purposes that is operated, supervised, or controlled by a religious association,
1.12religious corporation, or religious society that is not organized for private profit, from:
1.13(1) limiting admission to or giving preference to persons of the same religion
1.14or denomination;
1.15(2) in matters relating to sexual orientation, taking any action with respect to
1.16education, employment, housing and real property, or use of facilities. This clause shall
1.17not apply to secular business activities engaged in by the religious association, religious
1.18corporation, or religious society, the conduct of which is unrelated to the religious and
1.19educational purposes for which it is organized
1.20(3) taking any action with respect to the provision of goods, services, facilities, or
1.21accommodations directly related to the solemnization or celebration of a marriage that is
1.22in violation of its religious beliefs.
2.1 Sec. 2. Minnesota Statutes 2012, section 517.01, is amended to read:
2.2517.01 MARRIAGE A CIVIL CONTRACT.
2.3Marriage, so far as its validity in law is concerned, is a civil contract between
2.4
2.5contracting, is essential. Lawful marriage may be contracted
2.6
2.7marriage is contracted in the presence of two witnesses and solemnized by one authorized,
2.8or whom one or both of the parties in good faith believe to be authorized, so to do.
2.9Marriages subsequent to April 26, 1941, not so contracted shall be null and void.
2.10 Sec. 3. Minnesota Statutes 2012, section 517.03, subdivision 1, is amended to read:
2.11 Subdivision 1. General.
2.12(1) a marriage entered into before the dissolution of an earlier marriage of one of
2.13the parties becomes final, as provided in section
2.14where the dissolution was granted;
2.15(2) a marriage between an ancestor and a descendant, or between
2.16
2.17(3) a marriage between an uncle
2.18nephew, or between first cousins, whether the relationship is by the half or the whole blood,
2.19except as to marriages permitted by the established customs of aboriginal cultures
2.20
2.21
2.22
2.23
2.24
2.25 Sec. 4. Minnesota Statutes 2012, section 517.08, subdivision 1a, is amended to read:
2.26 Subd. 1a. Form. Application for a marriage license shall be made by both of the
2.27parties upon a form provided for the purpose and shall contain the following information:
2.28(1) the full names of the parties and the sex of each party;
2.29(2) their post office addresses and county and state of residence;
2.30(3) their full ages;
2.31(4) if either party has previously been married, the party's married name, and the
2.32date, place and court in which the marriage was dissolved or annulled or the date and
2.33place of death of the former spouse;
2.34(5) if either party is a minor, the name and address of the minor's parents or guardian;
3.1(6) whether the parties are related to each other, and, if so, their relationship;
3.2(7) address of the
3.3registrar shall send a certified copy of the marriage certificate;
3.4(8) the full names the parties will have after marriage and the parties' Social Security
3.5numbers. The Social Security numbers must be collected for the application but must not
3.6appear on the marriage license. If a party listed on a marriage application does not have a
3.7Social Security number, the party must certify on the application, or a supplement to the
3.8application, that the party does not have a Social Security number;
3.9(9) if one or both of the parties to the marriage license has a felony conviction
3.10under Minnesota law or the law of another state or federal jurisdiction, the parties shall
3.11provide to the county proof of service upon the prosecuting authority and, if applicable,
3.12the attorney general, as required by section
3.13(10) notice that a party who has a felony conviction under Minnesota law or the law
3.14of another state or federal jurisdiction may not use a different name after marriage except
3.15as authorized by section
3.16 Sec. 5. Minnesota Statutes 2012, section 517.09, is amended to read:
3.17517.09 SOLEMNIZATION.
3.18 Subdivision 1. General. No particular form is required to solemnize a marriage,
3.19except: the parties shall declare in the presence of a person authorized to solemnize
3.20marriages and two attending witnesses that
3.21 wife, or spouse; or the marriage shall be solemnized in a manner provided by section
3.23 Subd. 2. Refusal to solemnize; protection of religious doctrine. Each religious
3.24organization, association, or society has exclusive control over its own theological
3.25doctrine, policy, teachings, and beliefs regarding who may marry within that faith. A
3.26licensed or ordained member of the clergy or other person authorized by section 517.08
3.27to solemnize a marriage is not subject to any fine, penalty, or civil liability for failing or
3.28refusing to solemnize a marriage for any reason.
3.29 Sec. 6. [517.201] RELATIONSHIP TO OTHER LAW; RULES OF
3.30CONSTRUCTION.
3.31 Subdivision 1. Religious freedom; Human Rights Act. (a) This chapter does not
3.32alter or affect the protections or exemptions provided in chapter 363A for a religious
3.33association, educational institution, business, labor union, place of public accommodation,
3.34employer, or other person.
4.1(b) This chapter must not be construed to affect the manner in which a religious
4.2association, religious corporation, or religious society that is not organized for private
4.3profit, or an institution organized for educational purposes that is operated, supervised,
4.4or controlled by a religious association, religious corporation, or religious society that is
4.5not organized for private profit, provides adoption, foster care, or social services, if that
4.6association, corporation, society, or educational institution does not receive public funds
4.7for that specific program or purpose.
4.8 Subd. 2. Federal law. To the extent that a law of this state incorporates federal
4.9law in a way that would result in spouses of the same sex being treated differently than
4.10spouses of opposite sexes, the law of this state must be construed to treat spouses of the
4.11same sex in the same manner as spouses of opposite sexes.
4.12 Subd. 3. Rules of construction. When necessary to implement the rights and
4.13responsibilities of spouses or parents under the laws of this state, including those that
4.14establish parentage presumptions based on marriage, gender-specific terminology, such
4.15as "husband," "wife," "mother," "father," "widow," "widower," or similar terms, must be
4.16construed in a neutral manner to refer to a person of either gender.
4.17 Sec. 7. Minnesota Statutes 2012, section 518.07, is amended to read:
4.18518.07 RESIDENCE OF PARTIES.
4.19 Subdivision 1. General. Except as provided in subdivision 2, no dissolution shall
4.20be granted unless:
4.21 (1) one of the parties has resided in this state, or has been a member of the armed
4.22services stationed in this state, for not less than 180 days immediately preceding the
4.23commencement of the proceeding; or
4.24(2) one of the parties has been a domiciliary of this state for not less than 180 days
4.25immediately preceding commencement of the proceeding.
4.26 Subd. 2. Action for dissolution by certain nonresidents. (a) If neither party to the
4.27marriage is a resident of this state at the commencement of the proceeding, a court of this
4.28state has jurisdiction over the dissolution if:
4.29(1) the marriage was performed in this state; and
4.30(2) neither party to the marriage resides in a jurisdiction that will maintain an action
4.31for dissolution by the parties because of the sex or sexual orientation of the spouses.
4.32(b) There is a rebuttable presumption that a jurisdiction will not maintain an action
4.33for dissolution if the jurisdiction does not recognize the marriage.
4.34(c) An action for dissolution authorized by this subdivision must be adjudicated
4.35in accordance with the laws of this state.
