Courts & Tribunals

On 26 April 2011, the Court of Appeals unanimously ruled that a district judge had appropriately ordered a lesbian mother who had relocated with her child to Arizona to pay half the costs of transporting the child between Arizona and Minnesota to effectuate the third-party visitation rights of the mother’s former partner [C1.2], [R1.1].

State

Minnesota bans same-sex marriage, civil unions and domestic partner benefits for same-sex couples working for government offices and a Minnesota Supreme Court decision bars cities from providing benefits to same-sex couples [R2.4].

On 04 April 2013, Bill HF 1687 providing for civil union relationships was introduced [L1.11].

On 03 April 2013, Rep. Tim Kelly and other legislators were reportedly to announce bipartisan legislation to establish civil unions in Minnesota [R1.10].

On 27 April 2011, the Government Operations and Elections Commmittee voted down an amendment to a Bill that would have allowed local governments to offer domestic partner benefits to same-sex couples [R1.9].

On 15-16 May 2010, governor Tim Pawlenty vetoed a bill that would have given gay partners "the right to decide what to do with the body of their loved ones, should they die" [R1.8]

Previously:

On 12 May 2010, governor Tim Pawlenty said that he planned to veto legislation that would grant end-of-life rights and decision-making powers to same-sex partners [R1.7].

In May 2010, a bill that would give same-sex couples the right to make end-of-life decisions for each other and file wrongful death suits appeared headed for the desk of Minnesota governor Tim Pawlenty after passing the state senate and house [R1.6].

In February 2003, the legislature reportedly would ratify state worker health benefit contracts but will delete provisions allowing state-paid insurance benefits for the gay or lesbian partners of employees. Gay and lesbian state workers who have taken advantage of the health benefits will lose the benefits until 01 July [R1.5].

In February 2002, gay and lesbian House employees won't have access to health benefits for their domestic partners as senators and their staff members will, a House panel decided [R1.4].

In January 2002, gay and lesbian employees of the Minnesota Senate were permitted to extend health insurance and other benefits to their same-sex partners after the Senate Rules Committee narrowly approved the coverage [R1.3].

In December 2001, new contracts that extend benefits to same-sex partners of state employees went into effect 21 December, after a legislative subcommittee that could have revoked them instead reached a tie vote [R1.2].

In October 2001, new labor contracts between the state of Minnesota and two unions - Council 6 of the American Federation of State, County and Municipal Employees (AFSCME) and Minnesota Association of Professional Employees (MAPE) - included provisions that extend health and dental insurance to committed domestic partners of gay and lesbian state workers [R1.1].

Cities & Towns

On 19 September 2011, Shoreview City Council voted 3–2 (Councilmen Terry Quigley and Blake Huffman opposed) to approve a domestic partner registry ordinance [R2.5].

On 08 February 2011, Richfield City Council passed an ordinance by a vote of 3 to 2 and joins Minneapolis, Duluth, St. Paul, Rochester, Maplewood, St. Louis Park, Edina and Golden Valley in offering its residents a domestic partner registry [R2.4].

The registries have little legal force – state law and a Minnesota Supreme Court decision bar cities from providing benefits to same-sex couples – but the registries are important for businesses that offer benefits. Same-sex couples can use their registry certificates to prove their relationship is valid for human resource purposes and the couples have married status in city facilities [R2.4].

In September 2003, Minneapolis recognized domestic partners who registered elsewhere [R2.3]. A primary benefit is that domestic partners, if they are visiting and registered elsewhere, can have the same hospital visiting privileges as those who are registered in Minneapolis.

In 1991, Minneapolis established a domestic partners register [R2.3].

In December 2002, businesses with contracts of more than $100,000 with the City of Minneapolis were required to provide domestic partner benefits to their employees within a year [R2.2].

The ordinance contains many exceptions, including development contracts, faith-based organizations and businesses with 21 or fewer employees [R2.2].

In 1993, the Minneapolis City Council extended benefits to the same-sex partners of city workers, but a Hennepin County judge ruled that state law didn't allow the city to offer such benefits. In 1997 and again in 2000, city officials sought but failed to win legislative permission for the benefits [R2.1].

Courts & Tribunals

A 1995 court case struck down the ability of local governments to offer domestic partner benefits, and instead communities across the state enacted domestic partner registries that currently cover 1 million Minnesota residents. The cities of Minneapolis, Duluth, St. Paul, Rochester, Golden Valley, Maplewood, Edina, St. Louis Park and Richfield have all enacted such registries [R1.9].

State

In 1993, Minnesota state law prohibited discrimination on the basis of sexual orientation in -

• public and private employment [Subdivision 1]
• real property transactions [Subdivision 2]
• public accommodation [Subdivision 3]
• public services [Subdivision 4]
• education institutions [Subdivision 5]
• commercial credit transactions [Subdivision 8] and
• business [Subdivision 8A] or
• aiding and abetting such discrimination [Subdivision 6] or
• taking any reprisal action against a person alleging such discrimination [Subdivision 7] [L1].

"Sexual Orientation" means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness. "Sexual orientation" does not include a physical or sexual attachment to children by an adult [363.01 Subdivision 41a].

Contributor: Ms. Shannon O'Neil 24 OCT 01

Courts & Tribunals

In April 2004, the Court of Appeals held that the Hamline United Methodist Church of St. Paul did not discriminate against the church music director after he refused to apologize for calling a church member "homophobic" [R2.1].

In holding that the man wasn't protected under the Minnesota Human Rights Act, the appeals panel said: "We recognize that music generally has a central and substantial role in expressing religious faith; it is often described as a 'ministry of music'" [R2.1].

Courts & Tribunals

On 01 August, the Hennepin County District Court referee George Borer ruled that Minnesota's Defense of Marriage Act does not deny the right of same-sex partners to inherit each other's assets. Hennepin County Probate Judge Jay Quam signed off on the referee’s order [C1.2], [R1.1].

State

In 1993, Minnesota state law prohibited discrimination on the basis of sexual orientation (which includes persons having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness), in -

• public and private employment [Subdivision 1]
• real property transactions [Subdivision 2]
• public accommodation [Subdivision 3]
• public services [Subdivision 4]
• education institutions [Subdivision 5]
• commercial credit transactions [Subdivision 8] and
• business [Subdivision 8A] or
• aiding and abetting such discrimination [Subdivision 6] or
• taking any reprisal action against a person alleging such discrimination [Subdivision 7] [L1].

"Sexual Orientation" means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness. "Sexual orientation" does not include a physical or sexual attachment to children by an adult [363.01 Subdivision 41a].

State

In 1989, hate crimes based on sexual orientation became an aggravating circumstance [R1.1].

Courts & Tribunals

On 24 September 2012, the Court of Appeals reversed the conviction of Daniel James Rick, an HIV positive man found guilty of attempted first-degree assault under a state law that makes it a crime to knowingly transfer a communicable disease through "sexual penetration with another person without having first informed the other person" of their medical status [C1.2], [R1.1].

Courts & Tribunals

In May 2001, state district court Judge Delila Pierce ruled that Minnesota's law dating back to the 1800s that prohibits oral sex and other intimacy between consenting adults is unconstitutional because it violates the right to privacy guaranteed by the Minnesota Constitution [R1.1].

In June 2001, the Minnesota Civil Liberties Union sought that the ruling be certified as a class action to remove any uncertainty [R1.2].

In September 2001, the Minnesota attorney general's office did not appeal the district court judge's ruling that every adult in Minnesota is covered under her recent decision that the state's sodomy law is unconstitutional [R1.3].

Churches

In April 2001, a lesbian in a committed relationship was ordained at an Evangelical Lutheran Church in St. Paul [R2.1].

State

On 14 May 2013, Governor Mark Dayton signed the marriage equality bill [HF 1054] into law on 14 May 2013 at 5 p.m., enabling same-sex marriage on 01 August 2013 [R1.15], [L1.13].

Previously:

On 13 May 2013, the Senate voted 37-30 to allow same-sex marriage [R1.14].

On 09 May 2013, the House of Representatives approved bill HF 1054 legalizing marriage equality in a 75-59 vote. The bill will likely be heard by the full state Senate next week [L1.13], [R1.12].

On 12 March 2013, the Senate Judiciary Committee passed the marriage equality bill 5–3. The full Senate will now consider the Bill [R1.11].

On 28 February 2013, co-author Senator Scott Dibble introduced the "Marriage between two persons authorization" Bill SF925, that was read a first time and referred to the Judiciary Committee [R1.10].

On 06 November 2012, voters defeated the proposed anti-gay marriage constitutional amendment that would have permanently limited the freedom to marry in the state and making Minnesota the first state to ever defeat an anti-marriage amendment [R1.9].

Proposed Constitutional Amentment 1 Recognition of marriage solely between one man and one woman: Shall the Minnesota Constitution be amended to provide that only a union of one man and one woman shall be valid or recognized as a marriage in Minnesota? Of 2,904,942 actual votes cast, 1,506,172 (51.85%) voted no and 1,398,770 (48.15%) voted yes [R1.8].

On 25 May 2011, Governor Mark Dayton wrote to the President of the Senate, symbolically vetoeing act Chapter 88, Senate File 1308 proposing to amend the Constitution recognizing marriage as only a union between one man and one woman [R1.7].

On 22 May 2011, the House voted 70 to 62 to put a constitutional amendment banning gay marriage in the state to a voter referendum in 2012 [R1.6].

On 11 May 2011, the Senate voted 38 to 27 to put a constitutional amendment banning gay marriage in the state to a voter referendum in 2012. It next needs approval in the Republican majority state House [R1.5].

On 29 April 2011, the Senate Judiciary Committee approved a bill 8–4 that would seek voter approval in 2012 to amend the state constitution to ban same-sex marriage. Passage by the full Senate and the House appears likely [R1.4].

On 22 February 2010, a House committee was scheduled to discuss three measures: a bill to make marriage gender-neutral (the Marriage and Family Protection Act), a civil unions bill, and a bill for the recognition of same-sex marriages performed outside the state [R1.3].

In 2009, legislation introduced in Minnesota and currently passing through committees would permit gay marriage by making the marriage laws gender-neutral. The Minnesota Family Council has introduced an amendment to ban gay marriage [R1.2].

On 02 June 1997 the Governor approved an anti-gay marriage bill prohibiting same-sex couples from marrying and the recognition of lawful same-sex marriages from other states [R1.1].

Courts & Tribunals

On 17 April 2012, the state Supreme Court declined to review a case brought by three same-sex couples who claiming the Minnesota Defense of Marriage Act discriminates against them and against the son of one of the pairs. The matter may now proceed to trial in Hennepin County [R2.9]. See also R2.2-R2.5, C2.6.

On 02 April 2012, US Chief Judge Michael J. Davis in the Minnesota District Court ruled that a marriage between a man and a transgender woman was legal under Minnesota law and that a health insurance plan could not drop the woman from her husband's health benefits [C2.8], [R2.7].

Previously:

On 23 January 2012, Judge Renee Worke in the Appeals Court ruled that Hennepin County District Court Judge Mary Dufresne improperly relied on a 1971 Minnesota Supreme Court ruling (in Baker v. Nelson) in dismissing a case and that the couples should be granted an opportunity in district court to prove their rights were violated [C2.6], [R2.5].

On 07 March 2011, Judge Mary Dufresne rejected arguments that the state's 13-year-old Defense of Marriage Act violates same-sex couples' rights to due process, equal protection, religious freedom and freedom of association [R2.4].

On 10 December 2010, County District Court Judge Mary Steenson DuFresne heard arguments challenging state law requiring marriage to be between a man and a woman saying she would take the case under advisement but gave no indication when she would rule [R2.3].

In May 2010, three same-sex couples who tried to marry in Minnesota last March were reportedly suing the state over the constitutionality of its gay marriage ban, filing their lawsuit in the Hennepin County district court [R2.2].

On 15 October 1971, the State Supreme Court ruled a male couple wasn't deprived of equal protection or of liberty or property without due process [by not allowing same-sex unions], making Minnesota the first state in the country to make same-sex marriage unlawful [C2.1], [R2.1].

Courts & Tribunals

On 14 December 2010, the Court of Appeals acknowledged that Minnesota adoption law permits "any person" who has resided in Minnesota for at least one year to petition to adopt a child provided that the child's legal parents consent to the adoption, while at the same time casting doubt on whether second-parent adoptions by a same-sex partner are lawful in Minnesota [C1.1], [R1.1].

State

On 19 May 2013, the Senate failed to take up the comprehensive Safe and Supportive Minnesota Schools Act [HF 826] that advocates say would have protected students from harassment and bullying. The Bill was passed by the House 72-57 on 06 May 2013 [R1.1].

Courts & Tribunals

In August 2009, a Minneapolis school board awarded a student $25,000 after an onslaught of homophobic slurs and verbal harassment by two teachers [R2.1].

State

In May 2010, a bill that would give same-sex couples the right to make end-of-life decisions for each other and file wrongful death suits appeared headed for the desk of Minnesota governor Tim Pawlenty after passing the state senate and house [R1.1].