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Minnesota
 STATUTE
Marriage a civil contract
Marriage, so far as its validity in law is concerned, is
a civil contract between a man and a woman, to which the
consent of the parties, capable in law of contracting, is
essential. Lawful marriage may be contracted only between
persons of the opposite sex and only when a license has
been obtained as provided by law and when the marriage is
contracted in the presence of two witnesses and solemnized
by one authorized, or whom one or both of the parties in
good faith believe to be authorized, so to do. Marriages
subsequent to April 26, 1941, not so contracted shall be
null and void.
(Minnesota Statutes Ann. section 517.01)
LITIGATION
Baker v. Nelson, 191
N.W.2d 185 (Minn. 1971), appeal dismissed for want of
a substantial federal question, 409 U.S. 810 (1972)
Two men challenged the Minnesota marriage laws on the
grounds that they allegedly violated the 1st, 8th, 9th,
and 14th Amendments of the U.S. Constitution. The Minnesota
Supreme Court rejected the claim, and the U.S. Supreme
Court summarily affirmed by dismissing the appeal for
want of a substantial federal question.
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