Baker v.Nelson

 Affidavit of Robert Anderson with Exhibits from Baker v. Nelson; 1/8/1971; Baker v. Nelson, Case # 71-1027; Appellate Jurisdiction Case Files, 1792 – 2010; Records of the Supreme Court of the United States, Record Group 267; National Archives at Washington, DC.

The earliest same-sex marriage case to be reviewed by the Supreme Court was Baker v. Nelson in 1972. On May 18, 1970, University of Minnesota students Richard Baker and James Michael McConnell submitted an application for a marriage license in Minneapolis, Minnesota.

The deputy clerk of the court, Robert Anderson, accepted their application, but would not issue a license unless the County Attorney approved; the application was later denied.

Baker and McConnell took their case to a Minnesota District Court, which dismissed the couple’s claims, and then to the state Supreme Court, which affirmed the lower court’s ruling. As part of these proceedings, Robert Anderson, the Deputy Clerk of the District Court, composed this recollection (affidavit) of his interaction with Baker and McConnell.

On October 10, 1972, Baker and McConnell appealed to the U.S. Supreme Court. It denied their claim, stating “The appeal is dismissed for want of a substantial federal question,” meaning the Court decided the issue did not directly relate to Federal

On May 18, 1970, University of Minnesota students Richard Baker and James Michael McConnell submitted an application for a marriage license in Minneapolis, Minnesota. The District Court Clerk of Hennepin County, Gerald Nelson, denied the couple’s application because they were both men.

In response, Baker and McConnell sued the county office for discrimination in Minnesota District Court. The court dismissed the couple’s claims and ordered the clerk not to issue the license.

Baker and McConnell appealed the district court’s decision to the Minnesota Supreme Court. This document is the Minnesota Supreme Court’s judgment, affirming the lower court’s decision. The opinion states that the Minnesota law prohibiting “marriage of persons of the same sex does not offend the First, Eight, Ninth, or Fourteenth Amendments to the United States Constitution. …and that such marriages are accordingly prohibited.”

On October 10, 1972, Baker and McConnell appealed to the U.S. Supreme Court. It denied their claim, stating “The appeal is dismissed for want of a substantial federal question,” meaning the Court decided the issue did not directly relate to Federal laws.

[Online Version, https://www.docsteach.org/documents/document/robert-anderson-affadavit, January 10, 2020]

This primary source comes from the Records of the Supreme Court of the United States.National Archives Identifier: 26318353

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