Legal Opinion

Baker v. Nelson

Supreme Court of Minnesota

Decided October 15, 1971No. 43009PublishedCited by 138 opinions

1Opinion of the Court

Peterson, Justice.

The questions for decision are whether a marriage of two persons of the same sex is authorized by state statutes and, if not, whether state authorization is constitutionally compelled.

Petitioners, Richard John Baker and James Michael McConnell, both adult male persons, made application to respondent, Gerald R. Nelson, clerk of Hennepin County District Court, for a marriage license, pursuant to Minn. St. 517.08. Respondent declined to issue the license on the sole ground that petitioners were of the same sex, it being undisputed that there were otherwise no statutory…

2Cases cited8 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Loving v. VirginiaSupreme Court of the United States · 1967
  3. Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
  4. McLaughlin v. FloridaSupreme Court of the United States · 1964
  5. Walker v. City of BirminghamSupreme Court of the United States · 1967

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3Cited by138 opinions

  1. Obergefell v. HodgesSupreme Court of the United States · 2015
  2. Bostic v. SchaeferCourt of Appeals for the Fourth Circuit · 2014
  3. Baker v. StateSupreme Court of Vermont · 1999
  4. Baehr v. LewinHawaii Supreme Court · 1993
  5. Goodridge v. Department of Public HealthMassachusetts Supreme Judicial Court · 2003

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