Facts and Trial
On May 18, 1970, two University of Minnesota gay student activists, Richard Baker and James Michael McConnell, applied for a marriage license in Minneapolis. The clerk of the Hennepin County District Court, Gerald Nelson, denied the request on the sole ground that the two were of the same sex. The couple filed suit in district court to force Nelson to issue the license.
The couple first contended that Minnesota's marriage statutes contained no explicit requirement that applicants be of different sexes. If the court were to construe the statutes to require different-sex couples, however, Baker claimed such a reading would violate several provisions of the U.S. Constitution:
- First Amendment (freedom of speech and of association),
- Eighth Amendment (cruel and unusual punishment),
- Ninth Amendment (unenumerated right to privacy), and
- Fourteenth Amendment (fundamental right to marry under the Due Process Clause and sex discrimination contrary to the Equal Protection Clause).
The trial court dismissed the couple's claims and ordered the clerk not to issue the license.
Read more about this topic: Baker V. Nelson
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