An interim Legislative committee is looking at whether North Dakota laws need to be changed – to comply with the Supreme Court’s ruling legalizing same sex marriages.
The Legislative Council outlined around 70 statutes that mention “husband and wife” or “spouse.” And spouse is defined as a “person of the opposite sex.”
Samantha Kramer is the Legislative Council’s staff member assigned to the interim Judiciary Committee.
"This lists everything from deeds to property, divorce, separation of assets, transfers, child support," Kramer told the Committee. "There's one in here about frog hunting licenses, which is kind of funny."
The Committee chairman – Sen. David Hoguen (R-Minot) – says the Committee could recommend changes to those laws – or do nothing, and hope the Supreme Court will reverse itself.
"My own view is that the statutes should be amended," Hogue said. "I don't like the ruling. But I accept it as the law of the land."
Hogue said he would not be proposing legislation to make those changes. And Committee member REp. Lawrence Klemin (R-Bismarck) suggested the issue needed another interim study.
Senate Minority Leader Mac Schneider (D-Grand Forks) says he’d like to see more analysis done – on which laws need to be changed right away, and which laws can wait.
"Obviously, it comes up a lot," said Schneider. "But knowing the practical impact of not changing 'husband and wife' will be os use to this Committee in determining whether we do something or not."
The Committee will make recommendations to the 2017 Legislative session.
