A frequently asked question at Pride...

Many same-sex couples came to our booth at Pride with the following question: "If we get married in California and bring our certificate back to Minnesota, will it be valid?" The short answer is, "no." Here's why...

In 1996, the Federal Defense of Marriage Act (DOMA) was written into law. It provides that:

1. No state (or other political subdivision of the United States) need treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state.
2. The Federal Government may not treat same-sex relationships as marriages for any purpose, even if concluded or recognized by one of the states

At the time, it was expected that a number of states would soon allow same-sex couples to marry in some capacity (i.e. through fully recognized marriage or civil union). This was the first wave of protection for states fearing that they would have to recognize same-sex marriages from other states because of the Full Faith and Credit Clause of the United States Constitution. The second wave of protection came when individual states began to adopt their own DOMAs. A third wave of protection came when many states introduced and passed amendments to their constitutions banning same-sex marriage.

Although Minnesota does not have a constitutional amendment, it enacted its own DOMA in 1997. Minnesota has the protection of the Federal DOMA and the State DOMA, so it does not have to, and will not, recognize marriage certificates from other states, including California. In California, individuals dared to challenge the Constitutionality of California's DOMA. The same could happen in Minnesota in coming years. For now, however, same-sex couples remain at a disadvantage.

In the mean time, same-sex couples in Minnesota should continue to take action to protect their relationships through contracts and legal documents. Among the most important are Domestic Partnership Agreements, Wills, Health Care Directives, and Financial Powers of Attorney. Give us a call if you have any questions, or if you'd like to sit down and talk about what you can do today to protect your relationship: 612-321-9800.