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HF 1644

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to marriage; providing for gender-neutral marriage laws; amending
Minnesota Statutes 2008, sections 363A.27; 517.01; 517.03, subdivision 1;
517.08, subdivision 1a; 517.09.


Section 1.

Minnesota Statutes 2008, section 363A.27, is amended to read:


Nothing in this chapter shall be construed to:

(1) mean the state of Minnesota condones homosexuality or bisexuality or any
equivalent lifestyle;

(2) authorize or permit the promotion of homosexuality or bisexuality in education
institutions or require the teaching in education institutions of homosexuality or
bisexuality as an acceptable lifestyle;new text begin or
new text end

(3) authorize or permit the use of numerical goals or quotas, or other types
of affirmative action programs, with respect to homosexuality or bisexuality in the
administration or enforcement of the provisions of this chapterdeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (4) authorize the recognition of or the right of marriage between persons of the
same sex.
deleted text end

Sec. 2.

Minnesota Statutes 2008, section 517.01, is amended to read:


Marriage, so far as its validity in law is concerned, is a civil contract between
deleted text begin a 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. Lawful 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 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 2008, section 517.03, subdivision 1, is amended to read:

Subdivision 1.


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
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
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 2008, section 517.08, subdivision 1a, is amended to read:

Subd. 1a.


Application for a marriage license shall be made upon a form
provided for the purpose and shall contain the following information:

(1) the full names of the parties deleted text beginand the sex of each partydeleted text end;

(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) the name and date of birth of any child of which both parties are parents, born
before the making of the application, unless their parental rights and the parent and child
relationship with respect to the child have been terminated;

(8) address of the deleted text beginbride and groomdeleted text end new text beginparties new text endafter the marriage to which the court
administrator shall send a certified copy of the marriage certificate;

(9) the full names the parties will have after marriage and the parties' Social Security
numbers. The Social Security numbers must be collected for the application but must not
appear on the marriage license;

(10) if one or both of the parties to the 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

(11) 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 surname after marriage
except as authorized by section 259.13, and that doing so is a gross misdemeanor.

Sec. 5.

Minnesota Statutes 2008, section 517.09, is amended to read:


new text begin Subdivision 1. new text end

new text begin General. new text end

No particular form is required to solemnize a marriage,
except: the parties shall declare in the presence of a person authorized to solemnize
marriages and two attending witnesses that they take each other as husband and wifenew text begin or
new text end; or the 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. new text end

new text begin A licensed or ordained minister or person
participating in solemnizing a marriage in a manner provided by section 517.18 is not
subject to any fine, penalty, or civil liability for failing or refusing to solemnize a marriage
for any reason.
new text end

Sec. 6. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall change any terms that specifically refer to husband or wife or male
or female in the context of a marriage relationship to the gender-neutral term "spouse" and
include that term wherever those terms occur in Minnesota Statutes or Minnesota Rules.
new text end