No resolution presented herein reflects the policy of the Minnesota State Bar Association until approved by the Assembly.  Informational reports, comments, and supporting data are not approved by their acceptance for filing and do not become part of the policy of the Minnesota State Bar Association unless specifically approved by the Assembly.

MSBA Diversity Committee

MSBA Human Rights Committee

MSBA Family Law Section

MSBA Elder Law Section

MSBA Legal Assistance to the Disadvantaged Committee

MSBA Life & the Law Committee

Minnesota Women Lawyers

Minnesota Lavender Bar Association

Ramsey County Bar Association

Hennepin County Bar Association

RESOLVED:  That, in light of the disparity between legal rights and protections available to same-sex couples as compared to different-sex couples, the President of the Minnesota State Bar Association create a task force to review the current state of Minnesota law and to make recommendations as to desirable changes, if any, in the law to address this disparity.  The President is encouraged to invite broad participation by MSBA members from relevant sections and committees with a goal of producing a report to be considered by the MSBA Assembly no later than its June, 2009 meeting. 

Report

In October, 2007, a new, local organization, Project 515 (www.project515.org) issued a report comprehensively cataloguing 515 Minnesota statutes that provide rights, protections, privileges, or responsibilities on the basis of marriage.  Naturally, because same-sex couples cannot marry, they do not have access to these rights, protections, privileges, or responsibilities.  As a result, such couples and their families often face legal challenges that, in many cases, they are unable to address on their own through documents or with the assistance of members of the Bar. 

Minnesota, and many other states, has experienced considerable controversy in recent years as a result of proposals to amend the state constitution to prohibit the Legislature from extending marriage or similar rights to same-sex couples.  The Minnesota State Bar Association has been a leader in opposing such efforts.  And while the Minnesota Legislature currently does not seem inclined to endorse such a proposal, it is widely believed that Minnesotans generally do not support permitting same-sex couples to marry.  Additionally, it is unclear how Minnesotans feel about creating an alternative to marriage, e.g., civil unions, for same-sex couples. 

Inherent in the Project 515 report is the recognition that there are some 515 discrete ways in which Minnesota law disadvantages same-sex couples, with, in theory, 515 possible responses.  The philosophy behind the instant resolution proposing the creation of a task force to study the subject is that while prospects for a “global” response (i.e., marriage or civil unions) are currently dim, there may be certain elements within this extensive list where reform of the law is possible and prudent, and which would assist both MSBA member-practitioners and their clients.  The language of the resolution itself, however, acknowledges the possibility that such a task force could, in the end, conclude that no reform is needed.  The task force, if created, would carefully review these 515 areas (and others which may yet be identified) to identify which, if any, are priority items where reform would be helpful and, in such cases, to propose statutory language that could effect that reform. 

The creation of such a task force, pursuant to Bylaw 11.2.1, is entirely consistent with the purposes of the MSBA, including establishing positions on matters of public policy and the substance of the law as indicated in Bylaw 4.1.