MPR’s Laura Yuen reports on a court ruling out of Hennepin County that recognizes a Minneapolis man as the legal heir and sole surviving spouse to his late partner. The order gives same-sex partners the right to inherit each other's assets, and it could open the door for other Minnesota gay and lesbian couples to access additional benefits of marriage.
LAURA YUEN: James Morrison and Thomas Powell met in college and were in a committed relationship for nearly 25 years. In 2008, they got married in California. Then Powell died last year of a heart attack at the age of 46, and he didn't have a will.
Under Minnesota's Defense of Marriage Act or DOMA, their marriage wasn't legally recognized in the state. That meant about $250,000 of assets in Powell's name would have gone to his parents even though they wanted the assets to go to Morrison. Morrison says it's not just his partner's family who felt that way.
JAMES MORRISON: I worked with everyone from the federal government through state government to try and find resolution. And what I found was a great deal of sympathy and empathy, but the law just wouldn't allow for them to resolve our estate without having to go to court.
LAURA YUEN: In fact, no one contested Morrison's claim that he should inherit the assets that he built alongside his partner. The court ultimately agreed with him. In the ruling district court referee George Borer said Minnesota's DOMA law does not prohibit same-sex partners from accessing certain kinds of benefits from marriage, including the right to inherit.
Judge Jay Quam agreed that under the state's probate laws, same-sex married couples, quote, "Should be treated in death like any other married couple." A group trying to pass a constitutional amendment defining marriage as between a man and a woman said this case had little to do with the November ballot question. Autumn Leva is a spokeswoman for Minnesota for Marriage.
AUTUMN LEVA: It's what we've always said, the marriage Amendment does not change any rights or benefits that same-sex couples currently have. In fact, it doesn't prohibit any civil unions or any other legal arrangements. It doesn't even limit the legislature's ability to add any additional protections such as rights or benefit, If those are decided to be warranted in the future.
LAURA YUEN: But James Morrison says his case shows just how far same-sex couples need to go to win the rights afforded to heterosexual couples. He hopes it will lead to further acceptance of same-sex marriage.
JAMES MORRISON: My hope is that this will at least make a small difference, and hopefully people begin to put a face to their neighbors and to their families and really understand why this is so important.
LAURA YUEN: After a year and a half of trying to claim the wealth he helped build with the partner he lost, Morrison says the court ruling is bittersweet. Laura Yuen, Minnesota Public Radio News.
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