SF 2169

as introduced - 90th Legislature (2017 - 2018) Posted on 03/17/2017 08:36am

A bill for an act
relating to marriage; recognizing certain marriages between persons of the same
sex under prior law; amending Minnesota Statutes 2016, section 517.01.

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

Section 1.

Minnesota Statutes 2016, section 517.01, is amended to read:

517.01 CIVIL MARRIAGE CONTRACT.

Subdivision 1.

General requirements.

A civil marriage, so far as its validity in law is
concerned, is a civil contract between two persons, to which the consent of the parties,
capable in law of contracting, is essential. Except as provided in subdivision 2, a lawful
civil marriage may be contracted only when a license has been obtained as provided by law
and when the civil 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.

Subd. 2.

Exception to license and solemnization requirements in certain cases.

(a)
A civil marriage between two persons who were prohibited by law from marrying before
August 1, 2013, because they were persons of the same sex, who met the requirements of
this paragraph, and who subsequently were unable to meet the license and solemnization
requirements of subdivision 1 because of the death of one of the persons, is recognized to
the extent provided for under paragraph (b). The two persons must have:

(1) agreed by mutual, present consent to be spouses;

(2) lived together continuously under that agreement; and

(3) made a public declaration or held themselves out to the public as spouses.

(b) If the requirements of paragraph (a) are met, the two persons are considered married
for purposes of eligibility for burial or memorial benefits under state or federal law. Proof
of a civil marriage for purposes of this paragraph may be made by a verified affidavit
executed by the surviving person.

EFFECTIVE DATE.

This section is effective the day following final enactment.