Text of MN HF 1054 (2013)

1.1A bill for an act 1.2relating to marriage; providing for marriage between two persons; providing for 1.3exemptions based on religious association;amending Minnesota Statutes 2012, 1.4sections 363A.26; 517.01; 517.03, subdivision 1; 517.08, subdivision 1a; 517.09; 1.5518.07; proposing coding for new law in Minnesota Statutes, chapter 517. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2012, section 363A.26, is amended to read: 1.8363A.26 EXEMPTION BASED ON RELIGIOUS ASSOCIATION. 1.9Nothing in this chapter prohibits any religious association, religious corporation, or 1.10religious society that is not organized for private profit, or any institution organized for 1.11educational purposes that is operated, supervised, or controlled by a religious association, 1.12religious corporation, or religious society that is not organized for private profit, from: 1.13(1) limiting admission to or giving preference to persons of the same religion 1.14or denomination; or 1.15(2) in matters relating to sexual orientation, taking any action with respect to 1.16education, employment, housing and real property, or use of facilities. This clause shall 1.17not apply to secular business activities engaged in by the religious association, religious 1.18corporation, or religious society, the conduct of which is unrelated to the religious and 1.19educational purposes for which it is organized.; or 1.20(3) taking any action with respect to the provision of goods, services, facilities, or 1.21accommodations directly related to the solemnization or celebration of a marriage that is 1.22in violation of its religious beliefs. 2.1 Sec. 2. Minnesota Statutes 2012, section 517.01, is amended to read: 2.2517.01 MARRIAGE A CIVIL CONTRACT. 2.3Marriage, so far as its validity in law is concerned, is a civil contract between a 2.4man and a woman two persons, to which the consent of the parties, capable in law of 2.5contracting, is essential. Lawful marriage may be contracted only between persons of the 2.6opposite sex and only when a license has been obtained as provided by law and when the 2.7marriage is contracted in the presence of two witnesses and solemnized by one authorized, 2.8or whom one or both of the parties in good faith believe to be authorized, so to do. 2.9Marriages subsequent to April 26, 1941, not so contracted shall be null and void. 2.10 Sec. 3. Minnesota Statutes 2012, section 517.03, subdivision 1, is amended to read: 2.11 Subdivision 1. General. (a) The following marriages are prohibited: 2.12(1) a marriage entered into before the dissolution of an earlier marriage of one of 2.13the parties becomes final, as provided in section 518.145 or by the law of the jurisdiction 2.14where the dissolution was granted; 2.15(2) a marriage between an ancestor and a descendant, or between a brother and a 2.16sister siblings, whether the relationship is by the half or the whole blood or by adoption; and 2.17(3) a marriage between an uncle and a niece, between an or aunt and a niece or 2.18nephew, or between first cousins, whether the relationship is by the half or the whole blood, 2.19except as to marriages permitted by the established customs of aboriginal cultures; and. 2.20(4) a marriage between persons of the same sex. 2.21(b) A marriage entered into by persons of the same sex, either under common law or 2.22statute, that is recognized by another state or foreign jurisdiction is void in this state and 2.23contractual rights granted by virtue of the marriage or its termination are unenforceable in 2.24this state. 2.25 Sec. 4. Minnesota Statutes 2012, section 517.08, subdivision 1a, is amended to read: 2.26 Subd. 1a. Form. Application for a marriage license shall be made by both of the 2.27parties upon a form provided for the purpose and shall contain the following information: 2.28(1) the full names of the parties and the sex of each party; 2.29(2) their post office addresses and county and state of residence; 2.30(3) their full ages; 2.31(4) if either party has previously been married, the party's married name, and the 2.32date, place and court in which the marriage was dissolved or annulled or the date and 2.33place of death of the former spouse; 2.34(5) if either party is a minor, the name and address of the minor's parents or guardian; 3.1(6) whether the parties are related to each other, and, if so, their relationship; 3.2(7) address of the bride and groom parties after the marriage to which the local 3.3registrar shall send a certified copy of the marriage certificate; 3.4(8) the full names the parties will have after marriage and the parties' Social Security 3.5numbers. The Social Security numbers must be collected for the application but must not 3.6appear on the marriage license. If a party listed on a marriage application does not have a 3.7Social Security number, the party must certify on the application, or a supplement to the 3.8application, that the party does not have a Social Security number; 3.9(9) if one or both of the parties to the marriage license has a felony conviction 3.10under Minnesota law or the law of another state or federal jurisdiction, the parties shall 3.11provide to the county proof of service upon the prosecuting authority and, if applicable, 3.12the attorney general, as required by section 259.13; and 3.13(10) notice that a party who has a felony conviction under Minnesota law or the law 3.14of another state or federal jurisdiction may not use a different name after marriage except 3.15as authorized by section 259.13, and that doing so is a gross misdemeanor. 3.16 Sec. 5. Minnesota Statutes 2012, section 517.09, is amended to read: 3.17517.09 SOLEMNIZATION. 3.18 Subdivision 1. General. No particular form is required to solemnize a marriage, 3.19except: the parties shall declare in the presence of a person authorized to solemnize 3.20marriages and two attending witnesses that they take each takes the other as husband and, 3.21 wife, or spouse; or the marriage shall be solemnized in a manner provided by section 3.22517.18 . 3.23 Subd. 2. Refusal to solemnize; protection of religious doctrine. Each religious 3.24organization, association, or society has exclusive control over its own theological 3.25doctrine, policy, teachings, and beliefs regarding who may marry within that faith. A 3.26licensed or ordained member of the clergy or other person authorized by section 517.08 3.27to solemnize a marriage is not subject to any fine, penalty, or civil liability for failing or 3.28refusing to solemnize a marriage for any reason. 3.29 Sec. 6. [517.201] RELATIONSHIP TO OTHER LAW; RULES OF 3.30CONSTRUCTION. 3.31 Subdivision 1. Religious freedom; Human Rights Act. (a) This chapter does not 3.32alter or affect the protections or exemptions provided in chapter 363A for a religious 3.33association, educational institution, business, labor union, place of public accommodation, 3.34employer, or other person. 4.1(b) This chapter must not be construed to affect the manner in which a religious 4.2association, religious corporation, or religious society that is not organized for private 4.3profit, or an institution organized for educational purposes that is operated, supervised, 4.4or controlled by a religious association, religious corporation, or religious society that is 4.5not organized for private profit, provides adoption, foster care, or social services, if that 4.6association, corporation, society, or educational institution does not receive public funds 4.7for that specific program or purpose. 4.8 Subd. 2. Federal law. To the extent that a law of this state incorporates federal 4.9law in a way that would result in spouses of the same sex being treated differently than 4.10spouses of opposite sexes, the law of this state must be construed to treat spouses of the 4.11same sex in the same manner as spouses of opposite sexes. 4.12 Subd. 3. Rules of construction. When necessary to implement the rights and 4.13responsibilities of spouses or parents under the laws of this state, including those that 4.14establish parentage presumptions based on marriage, gender-specific terminology, such 4.15as "husband," "wife," "mother," "father," "widow," "widower," or similar terms, must be 4.16construed in a neutral manner to refer to a person of either gender. 4.17 Sec. 7. Minnesota Statutes 2012, section 518.07, is amended to read: 4.18518.07 RESIDENCE OF PARTIES. 4.19 Subdivision 1. General. Except as provided in subdivision 2, no dissolution shall 4.20be granted unless: 4.21 (1) one of the parties has resided in this state, or has been a member of the armed 4.22services stationed in this state, for not less than 180 days immediately preceding the 4.23commencement of the proceeding; or 4.24(2) one of the parties has been a domiciliary of this state for not less than 180 days 4.25immediately preceding commencement of the proceeding. 4.26 Subd. 2. Action for dissolution by certain nonresidents. (a) If neither party to the 4.27marriage is a resident of this state at the commencement of the proceeding, a court of this 4.28state has jurisdiction over the dissolution if: 4.29(1) the marriage was performed in this state; and 4.30(2) neither party to the marriage resides in a jurisdiction that will maintain an action 4.31for dissolution by the parties because of the sex or sexual orientation of the spouses. 4.32(b) There is a rebuttable presumption that a jurisdiction will not maintain an action 4.33for dissolution if the jurisdiction does not recognize the marriage. 4.34(c) An action for dissolution authorized by this subdivision must be adjudicated 4.35in accordance with the laws of this state.

1.1A bill for an act 1.2relating to marriage; providing for civil marriage between two persons; providing 1.3for exemptions and protections based on religious association;amending 1.4Minnesota Statutes 2012, sections 363A.26; 517.01; 517.03, subdivision 1; 1.5517.08, subdivision 1a; 517.09; 518.07; proposing coding for new law in 1.6Minnesota Statutes, chapter 517. 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2012, section 363A.26, is amended to read: 1.9363A.26 EXEMPTION BASED ON RELIGIOUS ASSOCIATION. 1.10Nothing in this chapter prohibits any religious association, religious corporation, or 1.11religious society that is not organized for private profit, or any institution organized for 1.12educational purposes that is operated, supervised, or controlled by a religious association, 1.13religious corporation, or religious society that is not organized for private profit, from: 1.14(1) limiting admission to or giving preference to persons of the same religion 1.15or denomination; or 1.16(2) in matters relating to sexual orientation, taking any action with respect to 1.17education, employment, housing and real property, or use of facilities. This clause shall 1.18not apply to secular business activities engaged in by the religious association, religious 1.19corporation, or religious society, the conduct of which is unrelated to the religious and 1.20educational purposes for which it is organized.; or 1.21(3) taking any action with respect to the provision of goods, services, facilities, or 1.22accommodations directly related to the solemnization or celebration of a civil marriage 1.23that is in violation of its religious beliefs. 2.1 Sec. 2. Minnesota Statutes 2012, section 517.01, is amended to read: 2.2517.01 MARRIAGE A CIVIL CIVIL MARRIAGE CONTRACT. 2.3A civil marriage, so far as its validity in law is concerned, is a civil contract between 2.4a man and a woman two persons, to which the consent of the parties, capable in law of 2.5contracting, is essential. Lawful A lawful civil marriage may be contracted only between 2.6persons of the opposite sex and only when a license has been obtained as provided by law 2.7and when the civil marriage is contracted in the presence of two witnesses and solemnized 2.8by one authorized, or whom one or both of the parties in good faith believe to be authorized, 2.9so to do. Marriages subsequent to April 26, 1941, not so contracted shall be null and void. 2.10 Sec. 3. Minnesota Statutes 2012, section 517.03, subdivision 1, is amended to read: 2.11 Subdivision 1. General. (a) The following marriages are prohibited: 2.12(1) a marriage entered into before the dissolution of an earlier marriage of one of 2.13the parties becomes final, as provided in section 518.145 or by the law of the jurisdiction 2.14where the dissolution was granted; 2.15(2) a marriage between an ancestor and a descendant, or between a brother and a 2.16sister siblings, whether the relationship is by the half or the whole blood or by adoption; and 2.17(3) a marriage between an uncle and a niece, between an or aunt and a niece or 2.18nephew, or between first cousins, whether the relationship is by the half or the whole blood, 2.19except as to marriages permitted by the established customs of aboriginal cultures; and. 2.20(4) a marriage between persons of the same sex. 2.21(b) A marriage entered into by persons of the same sex, either under common law or 2.22statute, that is recognized by another state or foreign jurisdiction is void in this state and 2.23contractual rights granted by virtue of the marriage or its termination are unenforceable in 2.24this state. 2.25 Sec. 4. Minnesota Statutes 2012, section 517.08, subdivision 1a, is amended to read: 2.26 Subd. 1a. Form. Application for a civil marriage license shall be made by both of the 2.27parties upon a form provided for the purpose and shall contain the following information: 2.28(1) the full names of the parties and the sex of each party; 2.29(2) their post office addresses and county and state of residence; 2.30(3) their full ages; 2.31(4) if either party has previously been married, the party's married name, and the 2.32date, place and court in which the marriage was dissolved or annulled or the date and 2.33place of death of the former spouse; 2.34(5) if either party is a minor, the name and address of the minor's parents or guardian; 3.1(6) whether the parties are related to each other, and, if so, their relationship; 3.2(7) the address of the bride and groom parties after the marriage civil marriage is 3.3entered into to which the local registrar shall send a certified copy of the civil marriage 3.4certificate; 3.5(8) the full names the parties will have after marriage the civil marriage is entered 3.6into and the parties' Social Security numbers. The Social Security numbers must be 3.7collected for the application but must not appear on the civil marriage license. If a party 3.8listed on a civil marriage application does not have a Social Security number, the party 3.9must certify on the application, or a supplement to the application, that the party does not 3.10have a Social Security number; 3.11(9) if one or both of the parties to the civil marriage license has a felony conviction 3.12under Minnesota law or the law of another state or federal jurisdiction, the parties shall 3.13provide to the county proof of service upon the prosecuting authority and, if applicable, 3.14the attorney general, as required by section 259.13; and 3.15(10) notice that a party who has a felony conviction under Minnesota law or the law 3.16of another state or federal jurisdiction may not use a different name after a civil marriage 3.17except as authorized by section 259.13, and that doing so is a gross misdemeanor. 3.18 Sec. 5. Minnesota Statutes 2012, section 517.09, is amended to read: 3.19517.09 SOLEMNIZATION. 3.20 Subdivision 1. General. No particular form is required to solemnize a civil 3.21 marriage, except: the parties shall declare in the presence of a person authorized to 3.22solemnize civil marriages and two attending witnesses that they take each takes the other 3.23as husband and, wife, or spouse; or the civil marriage shall be solemnized in a manner 3.24provided by section 517.18. 3.25 Subd. 2. Refusal to solemnize; protection of religious doctrine. Each religious 3.26organization, association, or society has exclusive control over its own theological 3.27doctrine, policy, teachings, and beliefs regarding who may marry within that faith. A 3.28licensed or ordained member of the clergy or other person authorized by section 517.04 to 3.29solemnize a civil marriage is not subject to any fine, penalty, or civil liability for failing 3.30or refusing to solemnize a civil marriage for any reason. 3.31 Subd. 3. Refusal to participate or support solemnization; protection of religious 3.32belief. (a) Except for secular business activities engaged in by a religious association, 3.33religious corporation, or religious society, the conduct of which is unrelated to the 3.34religious and educational purposes for which it is organized, no religious association, 3.35religious corporation, or religious society shall be required to provide goods or services at 4.1the solemnization or celebration of any civil marriage or be subject to civil liability or 4.2any action by the state that penalizes, fines, or withholds any benefit to the religious 4.3association, religious corporation, or religious society under the laws of this state, 4.4including, but not limited to, laws regarding tax exempt status, for failing or refusing 4.5to provide goods or services at the solemnization or celebration of any civil marriage, 4.6if providing such goods or services would cause the religious association, religious 4.7corporation, or religious society to violate their sincerely held religious beliefs. 4.8(b) The exception in paragraph (a) applies to employees, agents, and volunteers 4.9acting within the capacity of their employment or responsibilities with a religious 4.10association, religious corporation, or religious society. 4.11 Sec. 6. [517.201] RELATIONSHIP TO OTHER LAW; RULES OF 4.12CONSTRUCTION. 4.13 Subdivision 1. Religious freedom; Human Rights Act. (a) This chapter does not 4.14alter or affect the protections or exemptions provided in chapter 363A for a religious 4.15association, educational institution, business, labor organization, place of public 4.16accommodation, employer, or other person. 4.17(b) This chapter must not be construed to affect the manner in which a religious 4.18association, religious corporation, or religious society that is not organized for private 4.19profit, or an institution organized for educational purposes that is operated, supervised, 4.20or controlled by a religious association, religious corporation, or religious society that is 4.21not organized for private profit, provides adoption, foster care, or social services, if that 4.22association, corporation, society, or educational institution does not receive public funds 4.23for that specific program or purpose. 4.24 Subd. 2. Rules of construction. When necessary to implement the rights and 4.25responsibilities of spouses or parents in a civil marriage between persons of the same sex 4.26under the laws of this state, including those that establish parentage presumptions based 4.27on a civil marriage, gender-specific terminology, such as "husband," "wife," "mother," 4.28"father," "widow," "widower," or similar terms, must be construed in a neutral manner to 4.29refer to a person of either gender. 4.30 Sec. 7. [517.23] MEANING OF CIVIL MARRIAGE. 4.31Wherever the term "marriage," "marital," "marry," or "married" is used in Minnesota 4.32statute in reference to the rights, obligations, or privileges of a couple under law, the 4.33term includes civil marriage, or individuals subject to civil marriage, as established by 4.34this chapter. A term subject to this definition must also be interpreted in reference to the 5.1context in which it appears, but may not be interpreted to limit or exclude any individual 5.2who has entered into a valid civil marriage contract under this chapter. 5.3 Sec. 8. Minnesota Statutes 2012, section 518.07, is amended to read: 5.4518.07 RESIDENCE OF PARTIES. 5.5 Subdivision 1. General. Except as provided in subdivision 2, no dissolution shall 5.6be granted unless: 5.7 (1) one of the parties has resided in this state, or has been a member of the armed 5.8services stationed in this state, for not less than 180 days immediately preceding the 5.9commencement of the proceeding; or 5.10(2) one of the parties has been a domiciliary of this state for not less than 180 days 5.11immediately preceding commencement of the proceeding. 5.12 Subd. 2. Action for dissolution by certain nonresidents. (a) If neither party to the 5.13civil marriage is a resident of this state at the commencement of the proceeding, a court of 5.14this state has jurisdiction over the dissolution if: 5.15(1) the civil marriage was performed in this state; and 5.16(2) neither party to the civil marriage resides in a jurisdiction that will maintain an 5.17action for dissolution by the parties because of the sex or sexual orientation of the spouses. 5.18(b) There is a rebuttable presumption that a jurisdiction will not maintain an action 5.19for dissolution if the jurisdiction does not recognize the civil marriage. 5.20(c) An action for dissolution authorized by this subdivision must be adjudicated 5.21in accordance with the laws of this state. 5.22 Sec. 9. REVISOR'S INSTRUCTION. 5.23The revisor of statutes shall change the terms "marriage" and "marriages" to either 5.24"civil marriage" or "civil marriages" wherever they appear in Minnesota Statutes, chapter 5.25517, unless the context or any provision of this act indicates otherwise. The revisor shall 5.26also make grammatical changes related to the changes in terms.