Marriage
The institution of marriage is a combination of civil and often religious elements. On the civil side, 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.
Read more on same-sex marriage.
OutFront Minnesota statement on 2008 marriage ballot initiatives.
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.
Over forty states, including Minnesota, have passed laws, often called “Defense of Marriage” or DOMA laws, prohibiting same-sex marriages, refusing to recognize other states’ same-sex marriages, or both. Additionally, many states have amended their constitutions to bar marriage and, in many cases, civil unions or domestic partnerships as well. While Canada and other countries have authorized same-sex marriages, 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. some legal protections are available now, though they don't come "automaticaly" to same-sex couples as they would to different-sex couples through marriage. This puts an extra burden on same-sex couples to make sure to tend to these details and even then, they won't receive all the protections of marriage. Still, under the law is improved as it relates to same-sex couples, these are critical steps for same-sex couples to consider for their own protection.
Some couples might consider filing a lawsuit seeking marriage equality in Minnesota. OutFront Minnesota and other local and national groups discourage this strategy in favor of a legislative approach.
Follow the links above for information on some steps that same-sex couples can take to protect their families.
This information is not intended to constitute or replace legal advice: always consult your attorney before drafting or signing documents which affect your legal rights. If you need a referral to a GLBT-friendly attorney in your area, please contact the OutFront Minnesota Legal Program at 612-822-0127 ext. 230 or legal@outfront.org.