Minnesota Legislature passed SF1308, referring same-sex marriage ban to November 2012 ballot

On May 21, 2011, the Minnesota House of Representatives voted 70-62 to pass SF1308/HF1613, completing legislative approval after the Senate passed the measure 38-27 on May 11, 2011. The joint resolution proposed a state constitutional amendment defining marriage as solely between one man and one woman and referred the question directly to the November 2012 general-election ballot, bypassing the governor's signature. The measure was filed with the Secretary of State as Chapter 88, Laws of 2011, on May 25, 2011.

  • Minnesota Senate
  • Minnesota House of Representatives
  • Warren Limmer (Minnesota State Senator, R-Maple Grove)
  • Steve Gottwalt (Minnesota State Representative, R-St. Cloud)

On May 21, 2011, the Minnesota House of Representatives passed SF1308/HF1613 by a vote of 70-62, completing the Legislature's approval of a joint resolution proposing a state constitutional amendment to define marriage as solely between one man and one woman. The Minnesota Senate had already passed the measure 38-27 on May 11, 2011. Sponsored by Sen. Warren Limmer (R-Maple Grove) and Rep. Steve Gottwalt (R-St. Cloud), the resolution referred the amendment question directly to voters at the November 2012 general election rather than enacting a ban outright.

As a constitutional-amendment referral rather than ordinary legislation, SF1308 did not require the governor's signature before reaching the ballot; it was filed with the Secretary of State as Chapter 88, Laws of 2011, on May 25, 2011. Minnesota voters subsequently rejected the amendment at the November 2012 general election, so the marriage ban the Legislature referred never took legal effect. This entry records the Legislature's discriminatory referral vote itself, not an enacted ban.

During nearly five hours of House floor debate, opponents including Rep. Karen Clark (DFL-Mpls) and Rep. John Ward (DFL-Brainerd) argued the measure was discriminatory, while sponsor Gottwalt said current law already barred same-sex marriage and that voters, rather than judges or legislators alone, should decide the question. Supporters and opponents rallied at the State Capitol in St. Paul throughout the debate.

Updates

2012-11-06 — Minnesota voters rejected the marriage amendment at the general election [4, 5]

Minnesota voters rejected the proposed constitutional amendment banning same-sex marriage at the November 6, 2012 general election, with 51.19 percent voting against adoption (known as 2012 Minnesota Amendment 1). The ban the Legislature referred to the ballot in SF1308 never took legal effect as a result.

Equal protection under the law is a core civic guarantee, and constitutional referenda are not exempt from it. Here, a state legislature voted to place a permanent ban on same-sex marriage before voters, using the amendment process to single out a group of Minnesotans for exclusion from a legal institution based on sexual orientation. This archive records the referral vote itself as the discriminatory act, distinct from whether the ban ultimately took effect, because a legislature's decision to put a protected class's rights to a majority vote is itself an erosion of the norm that fundamental rights should not depend on referenda.

  1. SF 1308 Status in the Senate - 87th Legislature (2011-2012)Minnesota Office of the Revisor of Statutes primary accessed July 20, 2026
  2. Definition of marriage going to the votersMinnesota House of Representatives, Session Daily primary accessed July 20, 2026
  3. Chapter 88--S.F.No. 1308, Laws of Minnesota 2011Minnesota Office of the Revisor of Statutes primary accessed July 20, 2026
  4. 2012 Minnesota Amendment 1Wikipedia investigative accessed July 20, 2026
  5. Minnesota Amendment 1, Definition of Marriage Amendment (2012)Ballotpedia investigative accessed July 20, 2026