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Minnesota Legislature

Office of the Revisor of Statutes

HF 1054

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/15/2013 06:38pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/28/2013
1st Engrossment Posted on 03/18/2013
2nd Engrossment Posted on 05/09/2013

Current Version - 2nd Engrossment

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A bill for an act
relating to marriage; providing for civil marriage between two persons; providing
for exemptions and protections based on religious association;amending
Minnesota Statutes 2012, sections 363A.26; 517.01; 517.03, subdivision 1;
517.08, subdivision 1a; 517.09; 518.07; proposing coding for new law in
Minnesota Statutes, chapter 517.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 363A.26, is amended to read:


363A.26 EXEMPTION BASED ON RELIGIOUS ASSOCIATION.

Nothing in this chapter prohibits any religious association, religious corporation, or
religious society that is not organized for private profit, or any institution organized for
educational purposes that is operated, supervised, or controlled by a religious association,
religious corporation, or religious society that is not organized for private profit, from:

(1) limiting admission to or giving preference to persons of the same religion
or denomination; deleted text beginor
deleted text end

(2) in matters relating to sexual orientation, taking any action with respect to
education, employment, housing and real property, or use of facilities. This clause shall
not apply to secular business activities engaged in by the religious association, religious
corporation, or religious society, the conduct of which is unrelated to the religious and
educational purposes for which it is organizeddeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) taking any action with respect to the provision of goods, services, facilities, or
accommodations directly related to the solemnization or celebration of a civil marriage
that is in violation of its religious beliefs.
new text end

Sec. 2.

Minnesota Statutes 2012, section 517.01, is amended to read:


517.01 deleted text beginMARRIAGE A CIVILdeleted text endnew text begin CIVIL MARRIAGEnew text end CONTRACT.

new text begin A civilnew text end marriage, so far as its validity in law is concerned, is a civil contract between
deleted text begina man and a womandeleted text endnew text begin two personsnew text end, to which the consent of the parties, capable in law of
contracting, is essential. deleted text beginLawfuldeleted text endnew text begin A lawful civilnew text end marriage may be contracted deleted text beginonly between
persons of the opposite sex and
deleted text end only when a license has been obtained as provided by law
and when the new text begincivilnew text end marriage is contracted in the presence of two witnesses and solemnized
by one authorized, or whom one or both of the parties in good faith believe to be authorized,
so to do. Marriages subsequent to April 26, 1941, not so contracted shall be null and void.

Sec. 3.

Minnesota Statutes 2012, section 517.03, subdivision 1, is amended to read:


Subdivision 1.

General.

deleted text begin(a)deleted text end The following marriages are prohibited:

(1) a marriage entered into before the dissolution of an earlier marriage of one of
the parties becomes final, as provided in section 518.145 or by the law of the jurisdiction
where the dissolution was granted;

(2) a marriage between an ancestor and a descendant, or between deleted text begina brother and a
sister
deleted text endnew text begin siblingsnew text end, whether the relationship is by the half or the whole blood or by adoption;new text begin and
new text end

(3) a marriage between an uncle deleted text beginand a niece, between andeleted text end new text beginor new text endaunt and a new text beginniece or
new text endnephew, or between first cousins, whether the relationship is by the half or the whole blood,
except as to marriages permitted by the established customs of aboriginal culturesdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (4) a marriage between persons of the same sex.
deleted text end

deleted text begin (b) A marriage entered into by persons of the same sex, either under common law or
statute, that is recognized by another state or foreign jurisdiction is void in this state and
contractual rights granted by virtue of the marriage or its termination are unenforceable in
this state.
deleted text end

Sec. 4.

Minnesota Statutes 2012, section 517.08, subdivision 1a, is amended to read:


Subd. 1a.

Form.

Application for a new text begincivilnew text end marriage license shall be made by both of the
parties upon a form provided for the purpose and shall contain the following information:

(1) the full names of the parties and the sex of each party;

(2) their post office addresses and county and state of residence;

(3) their full ages;

(4) if either party has previously been married, the party's married name, and the
date, place and court in which the marriage was dissolved or annulled or the date and
place of death of the former spouse;

(5) if either party is a minor, the name and address of the minor's parents or guardian;

(6) whether the parties are related to each other, and, if so, their relationship;

(7) new text beginthenew text end address of the deleted text beginbride and groomdeleted text end new text beginparties new text endafter the deleted text beginmarriagedeleted text endnew text begin civil marriage is
entered into
new text end to which the local registrar shall send a certified copy of the new text begincivilnew text end marriage
certificate;

(8) the full names the parties will have after deleted text beginmarriagedeleted text endnew text begin the civil marriage is entered
into
new text end and the parties' Social Security numbers. The Social Security numbers must be
collected for the application but must not appear on the new text begincivil new text endmarriage license. If a party
listed on a new text begincivil new text endmarriage application does not have a Social Security number, the party
must certify on the application, or a supplement to the application, that the party does not
have a Social Security number;

(9) if one or both of the parties to the new text begincivilnew text end marriage license has a felony conviction
under Minnesota law or the law of another state or federal jurisdiction, the parties shall
provide to the county proof of service upon the prosecuting authority and, if applicable,
the attorney general, as required by section 259.13; and

(10) notice that a party who has a felony conviction under Minnesota law or the law
of another state or federal jurisdiction may not use a different name after new text begina civilnew text end marriage
except as authorized by section 259.13, and that doing so is a gross misdemeanor.

Sec. 5.

Minnesota Statutes 2012, section 517.09, is amended to read:


517.09 SOLEMNIZATION.

new text begin Subdivision 1. new text end

new text begin General. new text end

No particular form is required to solemnize a new text begincivil
new text end marriage, except: the parties shall declare in the presence of a person authorized to
solemnize new text begincivilnew text end marriages and two attending witnesses that deleted text beginthey takedeleted text end each new text begintakes the new text endother
as husband deleted text beginanddeleted text endnew text begin,new text end wifenew text begin, or spousenew text end; or the new text begincivilnew text end marriage shall be solemnized in a manner
provided by section 517.18.

new text begin Subd. 2. new text end

new text begin Refusal to solemnize; protection of religious doctrine. new text end

new text begin Each religious
organization, association, or society has exclusive control over its own theological
doctrine, policy, teachings, and beliefs regarding who may marry within that faith. A
licensed or ordained member of the clergy or other person authorized by section 517.04 to
solemnize a civil marriage is not subject to any fine, penalty, or civil liability for failing
or refusing to solemnize a civil marriage for any reason.
new text end

new text begin Subd. 3. new text end

new text begin Refusal to participate or support solemnization; protection of religious
belief.
new text end

new text begin (a) Except for secular business activities engaged in by a religious association,
religious corporation, or religious society, the conduct of which is unrelated to the
religious and educational purposes for which it is organized, no religious association,
religious corporation, or religious society shall be required to provide goods or services at
the solemnization or celebration of any civil marriage or be subject to civil liability or
any action by the state that penalizes, fines, or withholds any benefit to the religious
association, religious corporation, or religious society under the laws of this state,
including, but not limited to, laws regarding tax exempt status, for failing or refusing
to provide goods or services at the solemnization or celebration of any civil marriage,
if providing such goods or services would cause the religious association, religious
corporation, or religious society to violate their sincerely held religious beliefs.
new text end

new text begin (b) The exception in paragraph (a) applies to employees, agents, and volunteers
acting within the capacity of their employment or responsibilities with a religious
association, religious corporation, or religious society.
new text end

Sec. 6.

new text begin [517.201] RELATIONSHIP TO OTHER LAW; RULES OF
CONSTRUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Religious freedom; Human Rights Act. new text end

new text begin (a) This chapter does not
alter or affect the protections or exemptions provided in chapter 363A for a religious
association, educational institution, business, labor organization, place of public
accommodation, employer, or other person.
new text end

new text begin (b) This chapter must not be construed to affect the manner in which a religious
association, religious corporation, or religious society that is not organized for private
profit, or an institution organized for educational purposes that is operated, supervised,
or controlled by a religious association, religious corporation, or religious society that is
not organized for private profit, provides adoption, foster care, or social services, if that
association, corporation, society, or educational institution does not receive public funds
for that specific program or purpose.
new text end

new text begin Subd. 2. new text end

new text begin Rules of construction. new text end

new text begin When necessary to implement the rights and
responsibilities of spouses or parents in a civil marriage between persons of the same sex
under the laws of this state, including those that establish parentage presumptions based
on a civil marriage, gender-specific terminology, such as "husband," "wife," "mother,"
"father," "widow," "widower," or similar terms, must be construed in a neutral manner to
refer to a person of either gender.
new text end

Sec. 7.

new text begin [517.23] MEANING OF CIVIL MARRIAGE.
new text end

new text begin Wherever the term "marriage," "marital," "marry," or "married" is used in Minnesota
statute in reference to the rights, obligations, or privileges of a couple under law, the
term includes civil marriage, or individuals subject to civil marriage, as established by
this chapter. A term subject to this definition must also be interpreted in reference to the
context in which it appears, but may not be interpreted to limit or exclude any individual
who has entered into a valid civil marriage contract under this chapter.
new text end

Sec. 8.

Minnesota Statutes 2012, section 518.07, is amended to read:


518.07 RESIDENCE OF PARTIES.

new text begin Subdivision 1. new text end

new text begin General. new text end

new text beginExcept as provided in subdivision 2, new text endno dissolution shall
be granted unlessnew text begin:
new text end

(1) one of the parties has resided in this state, or has been a member of the armed
services stationed in this state, for not less than 180 days immediately preceding the
commencement of the proceeding; or

(2) one of the parties has been a domiciliary of this state for not less than 180 days
immediately preceding commencement of the proceeding.

new text begin Subd. 2. new text end

new text begin Action for dissolution by certain nonresidents. new text end

new text begin (a) If neither party to the
civil marriage is a resident of this state at the commencement of the proceeding, a court of
this state has jurisdiction over the dissolution if:
new text end

new text begin (1) the civil marriage was performed in this state; and
new text end

new text begin (2) neither party to the civil marriage resides in a jurisdiction that will maintain an
action for dissolution by the parties because of the sex or sexual orientation of the spouses.
new text end

new text begin (b) There is a rebuttable presumption that a jurisdiction will not maintain an action
for dissolution if the jurisdiction does not recognize the civil marriage.
new text end

new text begin (c) An action for dissolution authorized by this subdivision must be adjudicated
in accordance with the laws of this state.
new text end

Sec. 9. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the terms "marriage" and "marriages" to either
"civil marriage" or "civil marriages" wherever they appear in Minnesota Statutes, chapter
517, unless the context or any provision of this act indicates otherwise. The revisor shall
also make grammatical changes related to the changes in terms.
new text end