SF 925

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2013 04:07pm

A bill for an act
relating to marriage; providing for marriage between two persons; providing for
exemptions 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; or

(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 organized.; or

(3) 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 its religious beliefs.

Sec. 2.

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

517.01 MARRIAGE A CIVIL CONTRACT.

Marriage, so far as its validity in law is concerned, is a civil contract between a
man and a woman two persons, to which the consent of the parties, capable in law of
contracting, is essential. Lawful marriage may be contracted only between persons of the
opposite sex and 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 2012, section 517.03, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) 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 siblings, whether the relationship is by the half or the whole blood or by adoption; and

(3) a marriage between an uncle and a niece, between an or aunt and a niece or
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.

(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.

Sec. 4.

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

Subd. 1a.

Form.

Application for a 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) address of the bride and groom parties after the marriage to which the local
registrar shall send a certified copy of the marriage certificate;

(8) 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. If a party listed on a marriage 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 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 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.

Subdivision 1.

General.

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 takes the other as husband and,
wife, or spouse; or the marriage shall be solemnized in a manner provided by section
517.18.

Subd. 2.

Refusal to solemnize; protection of religious doctrine.

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 517.08
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.

Sec. 6.

[517.201] RELATIONSHIP TO OTHER LAW; RULES OF
CONSTRUCTION.

Subdivision 1.

Religious freedom; Human Rights Act.

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

(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.

Subd. 2.

Federal law.

To the extent that a law of this state incorporates federal
law in a way that would result in spouses of the same sex being treated differently than
spouses of opposite sexes, the law of this state must be construed to treat spouses of the
same sex in the same manner as spouses of opposite sexes.

Subd. 3.

Rules of construction.

When necessary to implement the rights and
responsibilities of spouses or parents under the laws of this state, including those that
establish parentage presumptions based on 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.

Sec. 7.

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

518.07 RESIDENCE OF PARTIES.

Subdivision 1.

General.

Except as provided in subdivision 2, no dissolution shall
be granted unless:

(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.

Subd. 2.

Action for dissolution by certain nonresidents.

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

(1) the marriage was performed in this state; and

(2) neither party to the 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.

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

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