Text of MN SF 1732 (2009)
Marriages contracted in another state or territory recognition requirement
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As introduced
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S.F. No. 1732, as introduced - 86th Legislative Session (2009-2010) [09-1473]
A bill for an act
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relating to marriage; recognizing certain marriages performed in other states;
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amending Minnesota Statutes 2008, sections 517.03, subdivision 1; 517.20.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Section 1. Minnesota Statutes 2008, section 517.03, subdivision 1, is amended to read:
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Subdivision 1. General. (a) The following marriages are prohibited:
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(1) a marriage entered into before the dissolution of an earlier marriage of one of
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the parties becomes final, as provided in section 518.145 or by the law of the jurisdiction
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where the dissolution was granted;
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(2) a marriage between an ancestor and a descendant, or between a brother and a
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sister, whether the relationship is by the half or the whole blood or by adoption;
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(3) a marriage between an uncle and a niece, between an aunt and a nephew, or
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between first cousins, whether the relationship is by the half or the whole blood, except as
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to marriages permitted by the established customs of aboriginal cultures; and
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(4) a marriage between persons of the same sex.
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(b) A marriage entered into by persons of the same sex, either under common law or
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statute, that is recognized by another state or foreign jurisdiction is void in this state and
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contractual rights granted by virtue of the marriage or its termination are unenforceable in
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this state.
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Sec. 2. Minnesota Statutes 2008, section 517.20, is amended to read:
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517.20 APPLICATION.
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Except as provided in section 517.03, subdivision 1, paragraph (b), (a) All marriages
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contracted within this state prior to March 1, 1979, or outside this state that were valid
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Sec. 2.
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S.F. No. 1732, as introduced - 86th Legislative Session (2009-2010) [09-1473]
at the time of the contract or subsequently validated by the laws of the place in which
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they were contracted or by the domicile of the parties are valid in this state. A marriage
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recognized as valid pursuant to this section shall be treated as a marriage between a
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husband and wife for purposes of Minnesota law.
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(b) A marriage contracted between persons of the same sex shall be valid in this
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state only if the marriage was contracted in another state or territory of the United States.
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Sec. 3. EFFECTIVE DATE.
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This act is effective August 1, 2009, and applies to marriages contracted before, on,
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or after that date. Any rights, benefits, or obligations of a marriage recognized by this act
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shall vest as of the date of the marriage contract or August 1, 2009, whichever is later.
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Sec. 3.
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