Lawsuit to obtain a licence Michael McConnell and Jack Baker

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in 1970, minnesota s statutes did not explicitly forbid marriage between 2 adult men. baker, law student, , mcconnell argued not forbidden permitted when applied marriage license in minneapolis on may 18. clerk of hennepin county district court, gerald nelson, said had no intention of issuing marriage license . denied request on sole ground 2 of same sex.


the couple asked district court order nelson issue license. [l]unatic fringe how legislator allan spear, university of minnesota professor, described them reporters. claims dismissed.


they appealed district court s decision minnesota supreme court. in brief opinion issued on october 15, 1971, state s highest court affirmed trial court s dismissal. opinion said that: institution of marriage union of man , woman, uniquely involving procreation or rearing of children within family, old book of genesis . chief justice robert j. sheran, , associated justices, concurred.


rules in effect allowed minnesota civil liberties union appeal baker v. nelson directly u.s. supreme court. [full text of legal briefs available online.] clerk justice harry blackmun crafted one-sentence rejection because [didn t] think court ready @ time take on issue. though approved unanimously, lower courts debated whether quick dismissal of baker v. nelson must overruled. yes, high court concluded in 2015. court holds, said, same-sex couples may exercise fundamental right marry.


the case received extensive media attention, including appearances on phil donahue show, , kennedy & co. (wls-tv, chicago il). on david susskind show (new york, ny), baker blunt. re gonna win eventually, not time maybe next time around. baby boomers around world responded.


gay marriage saw little or no enthusiasm american civil liberties union. gay historians ignored midwest because had political objections gay marriage activism. according thomas kraemer, gay marriage activism rejected gay activists [in new york city] interested in sexual freedom , gay liberation. perhaps explains why minnesota civil liberties union alone in defense of gay marriage.








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