Marriage

From a legal perspective, the institution of marriage is a combination of civil and often religious elements. Civilly, hundreds of legal rights, privileges, and responsibilities are associated with marriage at the state level; over one thousand rights, privileges and responsibilities exist at the federal level.

In 2003, Massachusetts’ highest court ruled that, based on that state’s constitution, same-sex couples could not be denied marriage licenses. California followed suit in 2008. several other states now license “civil unions” or “domestic partnerships,” which provide same-sex couples some or all state-law rights of marriage. They are not, however, marriages and may not be recognized in other states or by the federal government.

Minnesota and many other states have passed laws—often called “Defense of Marriage Acts” (DOMA)—making it illegal for same-sex couples to marry, refuse to recognize same-sex marriages from states where those marriages are legal. Additionally, many states have amended their constitutions to bar marriage and often civil unions or domestic partnerships as well.

Minnesota will have such a constitutional amendment question on its general election ballot in 2012.

While Canada, other countries, and an increasing number of states in the United States have legalized marriage for same-sex couples, their legal status in the United States is uncertain.

Many organizations in Minnesota, including OutFront Minnesota, support the right of same-sex couples to full equality under the law, including the right to marry.

Same-sex couples can access a limited number of legal protections, though they don't come automatically and the necessary legal paperwork is often very expensive. Even with this extra burden on same-sex couples to tend to these details for limited protections, the legal durability of these contracts are sometimes uncertain.

Some couples have filed a lawsuit seeking marriage equality in Minnesota. Because of Minnesota's unique history and legal precedence concerning this type of lawsuit, OutFront Minnesota and other local and national groups discourage this strategy in favor of a legislative approach.

This information is not intended to constitute or replace legal advice. Always consult your attorney. Our Legal Program is happy to provide referrals to legal professionals. Please contact us at legal@outfront.org. If we are unavailable, please contact the Minnesota State Bar Association.