as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
|Introduction||Posted on 01/10/1997|
1.1 A bill for an act 1.2 relating to marriage; clarifying that only persons of 1.3 the opposite sex may legally marry; providing that 1.4 same-sex marriages recognized in other states are not 1.5 recognized in this state; amending Minnesota Statutes 1.6 1996, sections 517.01; 517.03; 517.08, subdivision 1a; 1.7 and 517.20. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1996, section 517.01, is 1.10 amended to read: 1.11 517.01 [MARRIAGE A CIVIL CONTRACT.] 1.12 Marriage, so far as its validity in law is concerned, is a 1.13 civil contract between a man and a woman, to which the consent 1.14 of the parties, capable in law of contracting, is essential. 1.15 Lawful marriage may be contracted only between persons of the 1.16 opposite sex and only when a license has been obtained as 1.17 provided by law and when the marriage is contracted in the 1.18 presence of two witnesses and solemnized by one authorized, or 1.19 whom one or both of the parties in good faith believe to be 1.20 authorized, so to do. Marriages subsequent to April 26, 1941, 1.21 not so contracted shall be null and void. 1.22 Sec. 2. Minnesota Statutes 1996, section 517.03, is 1.23 amended to read: 1.24 517.03 [PROHIBITED MARRIAGES.] 1.25 Subdivision 1. [GENERAL.] (a) The following marriages are 1.26 prohibited: 2.1
(a)(1) a marriage entered into before the dissolution of 2.2 an earlier marriage of one of the parties becomes final, as 2.3 provided in section 518.145 or by the law of the jurisdiction 2.4 where the dissolution was granted; 2.5 (b)(2) a marriage between an ancestor and a descendant, or 2.6 between a brother and a sister, whether the relationship is by 2.7 the half or the whole blood or by adoption; 2.8 (c)(3) a marriage between an uncle and a niece, between an 2.9 aunt and a nephew, or between first cousins, whether the 2.10 relationship is by the half or the whole blood, except as to 2.11 marriages permitted by the established customs of aboriginal 2.12 cultures; provided, however, thatand 2.13 (4) a marriage between persons of the same sex. 2.14 (b) A marriage entered into by persons of the same sex, 2.15 either under common law or statute, that is recognized by 2.16 another state or foreign jurisdiction is void in this state and 2.17 contractual rights granted by virtue of the marriage or its 2.18 termination are unenforceable in this state. A same-sex 2.19 relationship may not be recognized by this state as being 2.20 entitled to the benefits of marriage. 2.21 Subd. 2. [MENTALLY RETARDED PERSONS; CONSENT BY 2.22 COMMISSIONER OF HUMAN SERVICES.] Mentally retarded persons 2.23 committed to the guardianship of the commissioner of human 2.24 services and mentally retarded persons committed to the 2.25 conservatorship of the commissioner of human services in which 2.26 the terms of the conservatorship limit the right to marry, may 2.27 marry on receipt of written consent of the commissioner. The 2.28 commissioner shall grant consent unless it appears from the 2.29 commissioner's investigation that the marriage is not in the 2.30 best interest of the ward or conservatee and the public. The 2.31 court administrator of the district court in the county where 2.32 the application for a license is made by the ward or conservatee 2.33 shall not issue the license unless the court administrator has 2.34 received a signed copy of the consent of the commissioner of 2.35 human services. 2.36 Sec. 3. Minnesota Statutes 1996, section 517.08, 3.1 subdivision 1a, is amended to read: 3.2 Subd. 1a. Application for a marriage license shall be made 3.3 upon a form provided for the purpose and shall contain the 3.4 following information: 3.5 (1) the full names of the parties ,and the sex of each 3.6 party; 3.7 (2) their post office addresses and county and state of 3.8 residence ,; 3.9 (3) their full ages ,; 3.10 (4) if either party has previously been married, the 3.11 party's married name, and the date, place and court in which the 3.12 marriage was dissolved or annulled or the date and place of 3.13 death of the former spouse ,; 3.14 (5) if either party is a minor, the name and address of the 3.15 minor's parents or guardian ,; 3.16 (6) whether the parties are related to each other, and, if 3.17 so, their relationship ,; 3.18 (7) the name and date of birth of any child of which both 3.19 parties are parents, born before the making of the application, 3.20 unless their parental rights and the parent and child 3.21 relationship with respect to the child have been terminated ,; 3.22 (8) address of the bride and groom after the marriage to 3.23 which the court administrator shall send a certified copy of the 3.24 marriage certificate ,; and 3.25 (9) the full names the parties will have after marriage. 3.26 Sec. 4. Minnesota Statutes 1996, section 517.20, is 3.27 amended to read: 3.28 517.20 [APPLICATION.] 3.29 Except as provided in section 517.03, subdivision 1, 3.30 paragraph (b), all marriages contracted within this state prior 3.31 to March 1, 1979 or outside this state that were valid at the 3.32 time of the contract or subsequently validated by the laws of 3.33 the place in which they were contracted or by the domicile of 3.34 the parties are valid in this state. 3.35 Sec. 5. [EFFECTIVE DATE; APPLICATION.] 3.36 Sections 1, 2, and 4 are effective the day following final 4.1 enactment. Section 3 is effective July 1, 1997. Section 2, 4.2 subdivision 1, paragraph (b), and section 4 apply to all 4.3 marriages entered into in other jurisdictions before, on, or 4.4 after the effective date.