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Senate rejects proposal to replace ‘husband and wife’ language in state code with ‘spouse’

2213867 · January 31, 2025
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Summary

Senate Bill 22-64, which would have replaced gendered references to "husband and wife" in the Century Code with the gender-neutral term "spouse," failed on final passage after committee opposition citing a state constitutional provision.

Senator Larson, speaking for the committee, said the bill sought to replace references to "husband and wife" with "spouse" throughout specified sections of the North Dakota Century Code. Larson noted that Article 11, Section 28 of the state constitution defines marriage as "the legal union between a man and a woman" and argued the code should remain consistent with that constitutional language; the committee recommended a do-not-pass vote.

Senator Bromberger asked the Senate to record a few green votes to signal support for recognition of diverse relationships despite the constitutional constraint.

On final passage the Senate voted 7 ayes, 37 nays, 3 absent; the bill was lost.

Nut graf: The bill raised a constitutional consistency question. Committee members and opponents cited the state constitution as the primary legal obstacle; proponents framed the change as an inclusive update to statutory language.

Discussion and outcome: Committee testimony was reported as largely opposed; the floor debate reiterated the constitutional tension and ended with the bill’s defeat.

Ending: Senators returned to the calendar after the vote.