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S.F. No. 925 - Marriage Between Two Persons (First Engrossment)
 
Author: Senator D. Scott Dibble
 
Prepared By:
 
Date: May 7, 2013



 

This bill authorizes marriage between two persons and eliminates provisions under current law prohibiting marriage between persons of the same sex.

Section 1 amends the Human Rights Act exemptions for religious associations to include taking any action with respect to the provision of goods, services, facilities, or accommodations directly related to the solemnization or celebration of a marriage that is in violation of an association's religious beliefs.

Section 2 amends the general law providing that marriage is a civil contract to allow marriage between two persons and eliminate language limiting marriage to persons of the opposite sex.

Section 3 amends the law governing prohibited marriages. Clauses prohibiting marriages between relatives are amended to make them gender neutral and applicable to both sexes.  Language prohibiting marriage between persons of the same sex and recognition of same-sex marriages from other jurisdictions is stricken.

Section 4 changes language in the marriage license application form to refer to the addresses of the parties after the marriage, rather than the bride and groom.

Section 5 amends the solemnization statute to refer to persons taking each other as husband, wife, or spouse.  New language is added providing that religious organizations have exclusive control over their own theological doctrine, policy, teachings, and beliefs regarding who may marry.  A licensed or ordained member of the clergy or other person authorized under law to solemnize a marriage is not subject to any fine, penalty, or civil liability for failing or refusing to solemnize a marriage for any reason.

Section 6 addresses the relationship of the marriage statutes to other laws and contains rules of construction.

Subdivision 1 provides that the marriage law does not alter or affect the protections or exemptions provided under the Human Rights Act for various entities.  It also must not be construed to affect the manner in which religious organizations provide adoption, foster care, or social services, if that organization does not receive public funds for that specific program or purpose.

Subdivision 2 contains rules of construction.  When necessary to implement the rights and responsibilities of spouses or parents under law, including those establishing parentage presumptions based on marriage, gender-specific terminology must be construed in a neutral manner to refer to a person of either gender.

Section 7 gives Minnesota courts jurisdiction over certain marriage dissolution cases where neither party is a resident of this state at the commencement of the proceeding.  If the marriage was performed in this state and neither party resides in a jurisdiction that will maintain a marriage dissolution action by the parties because of the sex or sexual orientation of the spouses, a Minnesota court would have jurisdiction.  There is a rebuttable presumption that a jurisdiction will not allow an action if it does not recognize the marriage.  The action would be adjudicated under Minnesota law.

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