Now that the US Supreme Court has declared same-sex marriage legal in all 50 states, a Legislative interim committee will study whether state laws referring to marriage need to be changed.
"The question we want to study is whether we want to, and whether we should, change our statutes to reflect that new Constitutional right," said interim Judiciary Committee chairman Sen. David Hogue (R-Minot). "Also, whether we should do anything with our Constitutional provision that defines marriage as a civil union between one man and one woman."
There are several state statutes that make reference to “husband” and “wife.”
Hogue questioned Doug Bahr, the litigation director for the state Attorney General’s office on whether the state’s laws need changing. Bahr told the Committee the high court found those statutes unconstitutional as they apply to same sex couples, so they can’t be enforced.
"I don't think the Legislature has an obligation," Bahr told the Committee. "I think it's a policy decision as to whether to make clarification, and to see if there are other provisions impacted by the ruling, which were not specifically declared unconstitutional."
Bahr said that could create confusion for political subdivisions, as well as the state, with regards to taxes, licensing and other types of issues.
Cass County Sheriff’s Sergeant Gail Wischmann says she and her partner waited until North Dakota’s marriage law was overturned before she and her partner were wed. She told the committee she believes those statutes should be changed.
"My feeling is, if you don't change these statutes, to recognize all married couples, it's almost like thumbing our nose at the Supreme Court decision," said Wischmann. "No matter what anybody's beliefs are, it's the law."
A representative of the North Dakota Catholic Conference told the committee there are a few statutes that reference gender – that might not be able to be changed.
The committee plans to do more research into what other states are doing. Any recommendations for changes would have to go to the 2017 Legislature.