Jack Baker (later known as Pat Lyn McConnell) and James McConnell were the first couple to challenge Minnesota’s ban on same-sex marriage. On May 18, 1970, they applied for a marriage license but were denied by Hennepin County clerk Gerald Nelson. They filed a lawsuit, arguing that since same-sex marriage was not explicitly illegal under Minnesota law, they should be granted a license. The District Court denied their case in January 1971 and they appealed to the Minnesota Supreme Court.
While their case was ongoing, Michael adopted Jack, who changed his name to Pat Lyn McConnell. This adoption ensured that they would have some legal protections if they were unable to marry. Taking advantage of the gender-neutral name, they applied for a new marriage license in Blue Earth County on August 9, 1971, and it was granted. On September 3, 1971, Jack and Michael were married in a private ceremony, making their marriage the first legal same-sex marriage in the United States. However, their victory was short-lived. On October 15, 1971, the Minnesota Supreme Court rejected their appeal, stating that Minnesota statutes prohibited same-sex marriage. Jack and Michael then asked the U.S. Supreme Court to hear their case. On October 10, 1972 their appeal was dismissed. This marked the first time the U.S. Supreme Court was asked to rule on same-sex marriage. On August 1, 2013, same-sex marriage became legal in Minnesota. Jack and Michael did not apply for a new marriage license as they believed their 1971 marriage had been legally valid. In February 2015, the Blue Earth County attorney sent them a letter claiming their marriage license was not considered valid and they failed to formally record the marriage after issuing the license to the couple in 1971. By 2016, Jack and Michael were contemplating legal action against the Blue Earth County Recorder’s Office regarding the handling of their marriage license. Their fight for recognition and their marriage helped set the stage for future progress in the fight for marriage equality. |
Jack, right, and Michael at their wedding in Minneapolis on September 3, 1971. The couple donned matching white bell bottom pant suits and macramé headbands. Photo by Paul R. Hagen.
Jack Baker, left, and Michael McConnell at their home in Minneapolis. Photo by Angela Jimenez for The New York Times.
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(Above) Baker answering questions after his speech at MSC on March 21, 1972. Minnesota State College, The Advocate. March 23, 1972.
(Left) Jay Gould wrote a letter to the editor in response to Jack Baker’s visit to campus in March 1972. Moorhead State College, The Advocate, March 30, 1972. |
Jack Baker visited Moorhead State College (now Minnesota State University Moorhead). He spoke on gay liberation and same-sex marriage. The event drew about 600 people.
Baker was president of the University of Minnesota Student Association at the time. |
Wisconsin and Minnesota lobbying campaign organizers put on a workshop in Fargo-Moorhead called “Getting Gay Rights Legislation Passed: A Gathering to Fight Oppression”.
LGBTQ+ advocacy in the Fargo-Moorhead area started with community workshops like these. Event flier, 1981. Courtesy of Mark Chekola. |
The Minnesota Court of Appeals granted guardianship of Sharon Kowalski to partner Karen Thompson after a seven-year legal fight.
Thompson’s attorney stated that this case was a first in an appeals court to recognize a same-sex partner’s rights were equal to those of a spouse. Right: Outlines: The Voice of the Gay and Lesbian Community. August 1988. Courtesy of The Archives of Sexuality and Gender. |
In 1983, Sharon Kowalski was injured in a car accident that left her permanently disabled. Her partner Karen filed for guardianship, but it was granted to Sharon’s father Donald. Donald cut off visitation rights for Karen and moved Sharon from St. Cloud to northern Minnesota.
Karen fought to gain visitation rights and guardianship. The case received national attention. On August 7, 1988, 21 cities across the country participated in “National Free Sharon Kowalski Day.” Left: Sharon Kowalski and her parents, Donald and Della Kowalski. St. Paul Pioneer Press + Dispatch, St. Paul, Minnesota, August 1988. Courtesy of Newspapers.com. |
President Bill Clinton signed the Defense of Marriage Act (DOMA), defining marriage as a legal union between one man and one woman. It also barred same-sex couples from receiving federal marriage benefits. DOMA was struck down in 2013 by the U.S. Supreme Court.
President Bill Clinton and the Defense of Marriage Act, 1996. Illustration by Scott G. Brooks. |
The Minnesota Supreme Court ruled that the state’s 19th-century sodomy law violated people’s constitutional right to privacy.
Sodomy laws were used in all 50 states to deny opportunities to LGBTQ+ people and criminalize their relationships. Star Tribune, Minneapolis, Minnesota, July 3, 2001. Courtesy of Newspapers.com |
The Supreme Court of Massachusetts ruled that denying marriage rights to same-sex couples was unconstitutional and became the first state to legalize same-sex marriage.
Following the decision, legislators nationwide rushed to constitutionally define marriage as between one man and one woman in an attempt to put the issue beyond the reach of state judges. In Minnesota, the efforts failed. The Boston Globe, Boston, Massachusetts, November 19, 2003. Courtesy of Newspapers.com |
Manitoba legalized same-sex marriage. Some Minnesotans and North Dakotans traveled to the province to be married.
David and Bernie Hamilton and Sherry Carlsrud and Stacy Atkinson were two Fargo couples who said “I do” in Winnipeg after legalization. The Capital Times, Madison, Wisconsin, September 17, 2004. Courtesy of Newspapers.com |
The Iowa Supreme Court unanimously overturned the 1999 state ban on gay marriage. The ruling made Iowa the third state to establish marriage equality.
Fargo-Moorhead natives Nelson and Denis Richardson traveled to Iowa to be married in 2012. Nelson (left) and Denis Richardson at Rainy Lake, Minnesota in 1990. Courtesy of Nelson and Denis Richardson. |
Minnesota became the second state to defeat a proposed constitutional amendment to define marriage as between one man and one woman. Similar amendments had been passed in 32 states.
Katie Dougherty (left) and Myka Betts react to news that the proposed constitutional amendment banning same-sex marriage was voted down on Wednesday, Nov. 6, 2012. Photo by Nikki Tundel for MPR News. |
May 9, 2013 - Minnesota House Passes HF 1054 |
May 13, 2013 - Minnesota Senate Passes HF 1054 |
HF1054 was passed by the Minnesota House of Representatives. Paul Marquart and Ben Lien, representing Clay County, voted in favor of the bill.
Supporters and opponents of Minnesota’s gay marriage bill gather in the rotunda of the Minnesota Captiol building on May 13, 2013. Photo by Jim Mone for the Associated Press. |
HF1054 was passed by the Minnesota Senate. State Senator Kent Eken, whose district included Clay County, voted in favor of the bill.
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Minnesota governor Mark Dayton approved and signed the Marriage Equality Act. Same-sex couples in Minnesota were now allowed to be legally married.
Governor Mark Dayton’s desk was moved outside so he could sign the gay marriage bill into law in front of several thousand jubilant supporters. Photo by Richard Tsong-Taatarii, Star Tribune. |
On June 24, 2022, the U.S. Supreme Court overturned Roe v. Wade, which made abortion legal throughout the country in 1973. Many feared that the Supreme Court would overturn Obergefell v. Hodges and same-sex marriage would once again be illegal in the 29 states where it was previously banned.
In response, Congress passed the Respect for Marriage Act which guarantees federal recognition of both same-sex and interracial marriages. President Joe Biden signed it on December 13, 2022. President Joseph Biden signs the Respect for Marriage Act. Photo by Andrew Harnik for the Associated Press. |
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