HF 1740

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

A bill for an act
relating to marriage; recognizing certain marriages performed in other states;
amending Minnesota Statutes 2008, sections 517.03, subdivision 1; 517.20.

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

Section 1.

Minnesota Statutes 2008, 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 a brother and a
sister, whether the relationship is by the half or the whole blood or by adoption;

(3) a marriage between an uncle and a niece, between an aunt and a nephew, 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 cultures; and

(4) a marriage between persons of the same sex.

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. 2.

Minnesota Statutes 2008, section 517.20, is amended to read:

517.20 APPLICATION.

deleted text begin Except as provided in section 517.03, subdivision 1, paragraph (b), deleted text end new text begin (a) new text end All marriages
contracted within this state prior to March 1, 1979 new text begin , new text end or outside this state that were valid
at the time of the contract or subsequently validated by the laws of the place in which
they were contracted or by the domicile of the parties are valid in this state. new text begin A marriage
recognized as valid pursuant to this section shall be treated as a marriage between a
husband and wife for purposes of Minnesota law.
new text end

new text begin (b) A marriage contracted between persons of the same sex shall be valid in this
state only if the marriage was contracted in another state or territory of the United States.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2009, and applies to marriages contracted before, on,
or after that date. Any rights, benefits, or obligations of a marriage recognized by this act
shall vest as of the date of the marriage contract or August 1, 2009, whichever is later.
new text end