Attorney General Wayne Stenehjem says a person involved in a same sex marriage in another state may get a North Dakota marriage license – even though there was no divorce in the earlier marriage.
The case comes from Burleigh County. A person who had been in a same sex marriage in another state moved to North Dakota – and sought a marriage license in North Dakota to marry someone of the opposite sex. But state law says a person seeking a marriage license would have to say he or she is single or never married under oath.
In an opinion, Stenehjem said because North Dakota does not recognize same sex marriages, the person may be issued a valid marriage license – and would not commit a criminal violation by marking “Single/Never Married” on the application.
Stenehejm did not weigh in on another question. He was asked if the person is issued a valid marriage license in North Dakota – but then moves to a state where same sex marriage is legal – is the person committing bigamy. Stenehjem said it would not be appropriate for him to issue an opinion that interprets the laws of other states.