Same-sex marriage in North Dakota

Same-sex marriage in North Dakota became legal following the U.S. Supreme Court ruling in Obergefell v. Hodges on June 26, 2015, which invalidated state bans on same-sex marriage. Until then North Dakota had restricted marriage to the union of one man and one woman both by statute and in its Constitution.

Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 25 states and Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Unregistered cohabitation or Maitri Karar–type contractual relationships
  12. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  13. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent
  14. Limited to spouses of foreign diplomatic officials.
* Not yet in effect
LGBT portal

Restrictions on same-sex unions

North Dakota voters adopted a constitutional amendment in November 2004 that defined marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships as well as civil unions and domestic partnerships.[1] Similar restrictions appear in the state statutes as well.[2]

Following the U.S. Supreme Court's ruling in Obergefell v. Hodges in June 2015, a judiciary committee of the North Dakota Legislature began examining the possibility of removing the now invalid statutory and constitutional restrictions on same-sex unions in the state. The committee stated it would not make any recommendations until at least January 2017.[2] On January 10, 2017, the North Dakota Senate rejected Senate Bill 2043, which would have replaced references to "husband and wife" in state statutes with gender-neutral references to "two people". The bill was rejected by 31 votes to 15, and came after the committee had canvassed the issue though been unable to come to a formal recommendation.[3]

Lawsuits

Ramsay v. Dalrymple

On June 6, 2014, seven same-sex couples filed a federal lawsuit against North Dakota officials seeking the right to marry and recognition of marriages performed in other jurisdictions. Five of the couples had married in other states and one couple in Canada. The suit, Ramsay v. Dalrymple, was brought by Minneapolis civil rights attorney Joshua A. Newville, who filed a similar lawsuit on behalf of six same-sex couples in South Dakota on May 22, 2014.[4] First-named defendant Governor Jack Dalrymple filed a motion to dismiss on July 1. The plaintiffs filed a motion for summary judgment on July 22. Briefing was completed by September 5.[5]

Jorgensen v. Montplaisir

Lambda Legal filed a similar lawsuit, Jorgensen v. Montplaisir, on June 9, 2014 on behalf of two women, residents of Fargo, who had married in Minnesota.[6]

On January 20, 2015, U.S. District Court Judge Ralph R. Erickson stayed proceedings in both cases pending the outcome of several same-sex marriage cases in the U.S. Supreme Court.[5][7]

U.S. Supreme Court ruling

On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution. Governor Dalrymple issued a one-sentence statement that acknowledged the decision and said the state would comply.[8] Same-sex couples began marrying in North Dakota immediately following the Supreme Court's ruling, with Jesse Masterson and Trever Hill being the first same-sex couple to file marriage paperwork at the Cass County Clerk's Office on June 26.[9]

On June 29, Judge Erickson lifted the stay he had issued in Jorgensen and declared North Dakota's constitutional and statutory restrictions on access to marriage by same-sex couples and the recognition of such marriages from other jurisdictions invalid.[10]

Native American jurisdictions

In August 2020, the Turtle Mountain Band of Chippewa Indians legalized same-sex marriage by a vote of 6–2, the first Indian tribal reservation in North Dakota to do so.[11]

Marriage statistics

As of November 30, 2015, approximately 60 marriage licenses had been issued to same-sex couples in the state. Of North Dakota's 53 counties, 18 had issued at least one marriage license to a same-sex couple,[12] with most issued in Cass, Grand Forks, Burleigh and Ward counties

As of January 5, 2016, approximately 75 marriage licenses had been issued to same-sex couples in North Dakota since legalization on June 26, 2015. This accounted for over 1.5% of the total number of marriage licenses issued in the state in that time.[2]

Public opinion

In a poll conducted by Forum Communications and the University of North Dakota's College of Business and Public Administration in October 2014, 50% of North Dakota voters opposed the legalization of same-sex marriage and 37% supported it. Some 9% reported they were neutral and 5% had no opinion. According to an earlier report by the Williams Institute, support for same-sex marriage had been 23% in 2004 and 40% in 2012.[13]

A poll conducted by the Public Religion Research Institute (PRRI) in 2015 found that 43% of North Dakotans supported same-sex marriage, 44% opposed and 13% did not know or refused to answer.[14] In 2016, the PRRI found that 46% of North Dakotans supported same-sex marriage, another 46% opposed and 8% were undecided or refused to answer.[15] In 2017, for the first time ever, the PRRI found majority support for same-sex marriage in North Dakota; 53% of respondents agreed that same-sex couples should be allowed to legally marry, while 35% were opposed and 12% were unsure.[16]

See also

References
  1. CNN: 2004 Ballot Measures, accessed April 10, 2011
  2. Mike Nowatzki (5 January 2016). "ND issues more than 70 same-sex marriage licenses". Forum News Service.
  3. "N.D. Senate votes down bill to amend state law to reflect legal gay marriage". Inforum. 11 January 2017.
  4. Gunderson, Dan (June 6, 2014). "Lawsuit challenges ND gay marriage ban". MPRnews. Retrieved October 21, 2014.
  5. Johnson, Chris (January 20, 2015). "Court halts same-sex marriage lawsuits in North Dakota". Washington Blade. Retrieved June 29, 2015.
  6. "Second lawsuit filed challenging North Dakota same-sex marriage ban". Associated Press. June 11, 2014. Retrieved June 29, 2015.
  7. "Judge puts marriage case on hold pending high court ruling". Washington Times. Associated Press. January 20, 2015. Retrieved June 29, 2015.
  8. Hageman, John (June 26, 2015). "Same-sex couples can get marriage licenses in Grand Forks County; local supporters celebrate". Grand Forks Herald. Retrieved June 29, 2015.
  9. "'It's a very proud day' for ND gays as marriage ban ends". Inforum. June 27, 2015.
  10. "Order to Lift Motion Granting Stay, Granting Motion for Summary Judgment, and Denying Motion to Dismiss for Failure to State a Claim". Lambda Legal. Retrieved June 29, 2015.
  11. Hatton, Faith (August 7, 2020). "Turtle Mountain votes to recognize same-sex marriage". KFYR.
  12. Donovan, Lauren (November 30, 2015). "59 same-sex couples granted marriage licenses in N.D." Jamestown Sun.
  13. Tran, Tu-uyen (October 19, 2014). "Poll: N.D. voters still against same-sex marriage". Bismarck Tribune. Retrieved July 6, 2015.
  14. All in all, do you strongly favor, favor, oppose or strongly oppose allowing gay and lesbian couples to marry legally?: North Dakota 2015
  15. All in all, do you strongly favor, favor, oppose or strongly oppose allowing gay and lesbian couples to marry legally?: North Dakota 2016
  16. Public opinion on same-sex marriage by state: North Dakota
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