Marriage License Granted in Blue Earth County
In mid August, 1971, Baker and McConnell took up residence with a friend in Blue Earth County. McConnell applied to the District Court in Mankato for a license to marry, which was granted after the waiting period expired. Rev. Roger Lynn, a Methodist minister, solemnized the marriage contract on September 3. The event took place in Minneapolis within Hennepin County, His signature made it the first lawful same-sex marriage in the United States.
At the time, Minnesota law required that a license must be issued in the bride's county of residence. Because there was no "bride", the Hennepin County Attorney argued, there could be no entitlement to a license. He convened a grand jury, which "studied the legality of the marriage but found the question not worth pursuing." The decision means, in effect, "that neither Baker, McConnell nor the Rev. Roger Lynn" would be prosecuted in Hennepin County.
In Minnesota, a marriage license, lawfully-obtained and signed correctly, by consenting adults, became a binding contract until annulled in a court of competent jurisdiction. No court – state or federal – has ever invalidated the contract executed according to the marriage laws in effect at the time. The couple insists that they were legally married.
In 2003, Baker and McConnell amended their individual tax returns for the year 2000, filing jointly as a single couple. They offered proof of a valid marriage license previously issued in Blue Earth County. The IRS challenged the validity of the marriage license and argued that, even if the license were valid, the Defense of Marriage Act did not allow it to be recognized. An appeal was dismissed by the U.S. District Court of Minnesota and affirmed by the Eighth Circuit Court of Appeals .
Read more about this topic: Jack Baker (activist)
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