Jack Baker and Michael McConnell

Jack Baker and Michael McConnell
Husbands Michael McConnell (left)
and Jack Baker in 2016
Born1942 (age 81–82) (both)
Known forFirst same-sex couple to have been married[1] legally,[2] followed by others from Minnesota, elsewhere in the United States and several countries.
Michael McConnell
Born
James Michael McConnell

(1942-05-19) May 19, 1942 (age 82)
Norman, Oklahoma, U.S.
EducationUniversity of Oklahoma (1968)[3]
Norman High School (1960)[4]

Richard John Baker[5] and James Michael McConnell[6] are the first same-sex couple in modern recorded history[7] known to obtain a marriage license,[8] have their marriage solemnized, which occurred on September 3, 1971,[2] and have it legally recognized by any form of government.[9][10]

The couple met in 1966. On March 10, 1967 – Baker's 25th birthday – McConnell agreed to be "his lover"[11] but only if it meant "a commitment . . . for the long haul," living openly as a married couple.[12] That commitment continued long after "52 Years Since Same-sex Marriage Milestone".[13]

On October 15, 1971, the Minnesota Supreme Court in Baker v. Nelson affirmed a court clerk's refusal on May 22, 1970[14] to issue them a marriage license in Hennepin County for the sole reason that it would undermine "the entire legal concept of our family structure in all areas of law"[15] (despite this not being identified in Minnesota law[16] as a reason for prohibiting such a marriage). Their appeal to the U.S. Supreme Court in October 1971 was accepted[a] but later dismissed on October 10, 1972. Though the "precise issue"[17] was not disclosed, their marriage contract, lawfully obtained but never invalidated,[8] affected the decision.

  1. ^ Before 1970, no wedding conducted without a legal license was a marriage, even if blessed in a church.
    • Source: Black's Law Dictionary, Revised Fourth Edition, West Publishing Co. (1968).
      • (page 1123) MARRIAGE: Marriage, as distinguished from the agreement to marry and from the act of becoming married, is the civil status, condition, or relation of [two parties] united in law for life, for the discharge to each other and the community of the duties legally incumbent on those whose association is founded on the distinction of sex. 1 Bish.Mar. & Div. § 3; Collins v Hoag & Rollins, 121 Neb. 716, 238 N.W. 351, 355; Allen v. Allen, 73 Conn. 54, 46 A. 242, 49 L.R.A. 142.
      • (page 1124) MARRIAGE CERTIFICATE: An instrument which certifies a marriage, and is executed by the person officiating at the marriage; it is not intended to be signed by the parties. Spencer v. Spencer, 84 Misc.Rep. 264, 147 N.Y.S. 111, 113.
  2. ^ a b Source: Blue Earth County
    • Applicants: James Michael McConnell and Pat Lyn McConnell
    • Date of Marriage: September 3, 1971
  3. ^ Diplomas: "Bachelor of Arts" (June 4, 1967) and "Master of Library Science" (June 2, 1968), Oklahoma State Regents for Higher Education
  4. ^ Diploma: "High School", Board of Education (June 2, 1960)
  5. ^ Padnani, Amisha; Fang, Celina (June 26, 2015). "Same-Sex Marriage: Landmark Decisions and Precedents". The New York Times.
  6. ^ Baume, Matt (March 1, 2019). "Meet the Gay Men Whose 1971 Marriage Was Finally Recognized". The Advocate.
  7. ^ StoryCorps Archive (September 12, 2017). "Michael McConnell, Jack Baker, and Lisa Vecoli".
    • Michael McConnell (75) and husband Jack Baker (75) talk with friend Lisa Vecoli (55) about having the first same-sex marriage legally recognized by a U.S. civil government in 1971, why they chose to get married, and what the response to their marriage was like.
    • JB describes the decades-long (46-year) process from the denial of their marriage license in 1971 until a second request that same year in Blue Earth County, Minnesota, was "declared to be in all respects valid" by Order of Gregory J. Anderson, Judge of District Court.
  8. ^ a b Newsletter, "Hidden Treasures from the Stacks", The National Archives at Kansas City, p. 6 (September 2013).
  9. ^ Cite error: The named reference ruling was invoked but never defined (see the help page).
  10. ^ Michael McConnell, with Jack Baker, as told to Gail Langer Karwoski, "The Wedding Heard Heard 'Round the World: America's First Gay Marriage Archived August 26, 2015, at the Wayback Machine". University of Minnesota Press (2016). Reprint, "With A New Epilogue" (2020).
  11. ^ Cite error: The named reference Maryville was invoked but never defined (see the help page).
  12. ^ McConnel, Michael (November 2013). "Marriage – my childhood dream comes true" (PDF). Retrieved October 27, 2023. Jack asked me to be his lover. I was now ready to state what I wanted in a commitment: live openly and not repeat the mistakes of my previous relationships. I was in it for the long haul, whatever that took. I wanted marriage – not with 'secret' rings recognized by a circle of mostly closeted friends. Jack agreed to make it happen.
  13. ^ Cite error: The named reference wedding was invoked but never defined (see the help page).
  14. ^ It "is the opinion of this office that you should not issue the license for marriage to the applicants Richard John Baker and James Michael McConnell on the grounds that under the law of the State of Minnesota, as the same presently exists, two male persons may not enter into the contract of marriage."
    • Source: Letter addressed to Gerald R. Nelson, Clerk of District Court, from George M. Scot, County Attorney, pages 6-7 (May 22, 1970).
    • Copies: Minnesota Judicial Branch, Hennepin County District Court, Fourth Judicial District, File No. 671379.
    • Access: McConnell Files, "Full Equality, a diary", (volume 2ab), Tretter Collection in GLBT Studies, University of Minnesota Libraries.
  15. ^ "The consequences of an interpretation of our marriage statutes which would permit males to enter into the marriage contract could be to result in an undermining and destruction of the entire legal concept of our family structure in all areas of law."
    • Source: Letter addressed to Gerald R. Nelson, Clerk of District Court, from George M. Scot, County Attorney, page 6 (May 22, 1970).
    • Copies: Minnesota Judicial Branch, Hennepin County District Court, Fourth Judicial District, File No. 671379.
  16. ^ "Minnesota Statutes Annotated", West Publishing Co. (1970)
    • Chapter 517.01: Marriage a civil contract. "Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties, capable in law of contracting, is essential."
    • Chapter 517.03: Marriages prohibited. [The list of prohibited marriages did not include parties of the same gender.]
  17. ^ "Questions Raised by This Appeal Are Moot".
    • Source: October Term, 1972: "Appellee's Motion to Dismiss Appeal and Brief" by George M. Scott, County Attorney, Page 7
    • Access: McConnell Files, "America's First Gay Marriage" (binder #3), Tretter Collection in GLBT Studies, University of Minnesota Libraries.


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