Copyright May 18, 2004 by Ken Bronson. All rights reserved.

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Same-sex marriage: in private

August 1971
Following completion of the adoption process, Michael and Jack applied again for a marriage license, this time in Mankato, MN. They used their legal names - Michael McConnell and Pat Lyn McConnell. On the date they applied, no statute, no opinion of the Attorney General, and no decision of the Minnesota Supreme Court specifically forbid marriage between two persons of the same sex. The license was granted by Audrey Handahl Connor, Clerk of District Court in Blue Earth County, on August 16, 1971.

Circumstances forced a change in plans. University publicist Judy Vick, a Mankato native, noticed the announcement days later in her hometown newspaper. She tipped a local reporter, but he had to confirm that Pat Lyn McConnell was aka Jack Baker. He got confirmation from Gerald R. Nelson, Clerk of District Court in Hennepin County, who leaked the information unlawfully.

With license in hand, Michael and Jack were lawfully married September 3 by the Reverend Roger W. Lynn of the United Methodist Church. The service, conducted in the apartment of Paul Hagen, involved an exchange of a simple set of vows. "We moved quickly to consummate," Jack said, "before anyone had a chance to instigate a legal proceeding to invalidate."

Rev. Lynn first asked Michael, "Will you live with Jack in this marriage? Will you respect him? Will you love him?" Then he asked Jack the same questions. Announcing to those assembled, Rev. Lynn said simply, "I declare that they are to live together and are now joined in marriage, in the name of the Father, the Son and the Holy Spirit, Amen."

Since then, according to Professor William N. Eskridge, thousands of same-sex couples "have similarly petitioned for religious blessing of their unions."Michael told The Advocate that "we're very happy and very tired, and we want to spend the next few days at home in peace and quiet."

Following the ceremony, John Corbey, Blue Earth County Attorney said the license was defective and the marriage null and void because the address listed for the bride was not the applicant's but that of a visiting professor. Minnesota law required marriage licenses be issued in the county of the bride's residence. Therefore, Corbey said, the license issued by Blue Earth county was granted under false circumstances. Jack would later convince the Board of Law Examiners that the provision didn't apply because there was no bride.

Rev. Lynn, who was employed by Model Cities for street ministry from the Loring-Nicollet Center, suffered unintended consequences. Publicity on September 7 caused the director, Rev. T. Harrison Bryant, a conservative Baptist, to announce that "as a result of this action, we have moved to cancel the contract with Model Cities for Mr. Lynn's services."

Michael and John Preston, co-founders of Gay House, a community center for street people, delivered a swift counterattack. Preston, who was also the director of the Minnesota Council for the Church and the Homophile, made calls to agencies and religious organizations, seeking help to change Rev. Bryant's plans. Within a day, Rev. Bryant backed down publicly and, by week's end, denied his prior comments.

Rev. Lynn received a reprimand from his superior, Bishop Paul Washburn, on September 13. "To call such an event marriage is something the church did not intend," the bishop told reporters. "Our service is very specific about being between a man and a woman."

Rev. Lynn objected to the criticism. "I am not aware of any ecclesiastical ruling forbidding homosexual marriage," he said. "I'm really in favor of this relationship. The two of them deeply love one another, and I was very glad to participate."

Rev. Lynn reviewed this section and described it as "factual as far as I am aware." Though the Bishop did not support the marriage, he "was not hostile toward me either," Rev. Lynn recalled recently via e-mail. Half of the mail received by Rev. Lynn and the Bishop was positive. "In the Methodist tradition there is considerable respect for the role of prophetic ministry," he explained, "and this action was seen by most as an example of that whether they agreed with it or not."

The full text of Rev. Lynn's response appears in the PDF version. This excerpt reminds us that life without self-pride is meangingless:

Not all were pleased. Rev. Joseph Head, retired Baptist minister and president of the Minnesota Society of the Sons of the American Revolution, called for the University of Minnesota to expel Jack from its Law School. A closeted homosexual, Rev. Head nevertheless insisted that Jack was "unfit to enforce the law because he is himself an avowed law breaker." Then he added, "Unless the people of Minnesota want to return to the days of Sodom and Gomorrah, we had better get rid of these men and join in a crusade to curb the emphasis being put on homosexuality in this state."

Hennepin County Attorney, George M. Scott, waited until February 29, 1972 - six and a half months - before asking the Grand Jury to indict Rev. Lynn. The Grand Jury reviewed the facts and refused, saying in effect, "this matter, for many reasons, is not worth pursuing." It was common knowledge that Jack and Michael were next in line. Sources close to the County Attorney told The New York Times that the marriage remained in effect.

One benefit of their 1971 marriage recorded in Blue Earth county was the ability to file a joint federal tax return. Hence beginning in 1972, Michael and Jack filed their tax returns jointly. In 1974 an IRS official examined their tax returns and determined the current tax law prohibited a joint filing by two male individuals and recomputed their taxes, changing their status to single. The change in tax status resulted in a tax return totaling $309 for the two men.

Michael and Jack did not accept the refund. "We realize that the legal position we take necessarily requires us to pay about $150 each year in taxes as a married couple over and above what would be expected if we filed as singles," Jack explained in The New York Times . "However, we also recognize that privileges and responsibilities go hand in hand. Hence, we accept the good with the bad."

Jack filed a legal brief with the IRS maintaining the Minnesota Supreme Court decision did not affect the marriage license granted in Blue Earth county. It applied only to a denial of issuance of the original license in Hennepin county. The IRS maintained they cannot accept a joint return from two men because the IRS code allows only a husband and wife to file joint returns. Its decision was not appealed because the U.S. Supreme Court had, by this time, declared that same-sex marriage was not a "substantial" constitutional issue. See "U.S. Supreme Court waffles again".

A new challenge to the IRS position is now underway. This time, a more-receptive U.S. Supreme Court will be asked to declare that Michael and Jack are lawfully married and fully entitled to be treated the same as every other married Minnesotan. They are determined to prove that a childless couple is a childless couple. See "- Tomorrow -".

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Full and absolute equality for ALL God's children; no exceptions, no excuses.