Same-sex marriage in Missouri

Same-sex marriage in the U.S. state of Missouri is legal under the U.S. Supreme Court's landmark ruling in Obergefell v. Hodges, which struck down state bans on marriages between two people of the same sex on June 26, 2015. Prior to the court ruling, the state recognized same-sex marriages from other jurisdictions pursuant to a state court ruling in October 2014, and certain jurisdictions of the state performed same-sex marriage despite a statewide ban.[1]

On November 5, 2014, a state court ruling striking down Missouri's same-sex marriage ban ordered the City of St. Louis to issue marriage licenses to same-sex couples. In response to this ruling, St. Louis County also began issuing marriage licenses to same-sex couples. On November 7, 2014, a federal court ruling striking down Missouri's same-sex marriage ban stayed its order directing Jackson County to issue licenses to same-sex couples. Despite the stay, Jackson County began issuing marriage licenses to same-sex couples immediately following the ruling.

Assessing the state of same-sex marriage litigation in December 2014, Marc Solomon of Freedom to Marry said: "Missouri is the most complex state on this issue."[2]

Restrictions

In August 2004, 71% of Missouri voters ratified Amendment 2, which restricted the validity and recognition of marriage in Missouri to the union of one man and one woman.[3][4]

Recognition of same-sex marriages from other jurisdictions

Missouri recognizes same-sex marriages from other jurisdictions.

On November 14, 2013, Governor Jay Nixon issued an executive order allowing same-sex couples married in other jurisdictions to file a combined Missouri income tax return if they file their federal return jointly.[5][6] Four conservatives, three associated with the Missouri Baptist Convention and one a former St. Charles County Executive now tied to Focus on the Family, filed Messer v. Nixon in Cole County Circuit Court on January 8, 2014, seeking to prevent the practice.[7]

Barrier v. Vasterling

The ACLU filed a lawsuit, Barrier v. Vasterling, challenging the state's refusal to recognize same-sex marriages from other jurisdictions in state circuit court on February 11, 2014,[8] on behalf of eight same-sex couples,[9] later joined by two more. Oral arguments were held on September 25, before Judge J. Dale Youngs in Jackson County Circuit Court in Kansas City.[10] On October 3, Judge Youngs ruled that Missouri's refusal to recognize same-sex marriages from other jurisdictions violated the plaintiffs' right to equal protection under both the state and federal constitutions.[11] He ordered the state to recognize such marriages and held the state responsible for the plaintiffs' legal expenses.[12] On October 6, Missouri Attorney General Chris Koster announced the state would not appeal the decision.[13]

Members of the Missouri General Assembly sought to intervene in the suit and appeal the decision,[14] but the court rejected their petition as filed too late for the court to act.[15]

Marriage rights lawsuits

Same-sex marriage in Missouri prior to Obergefell v. Hodges

  Same-sex marriage legal

  County issuing same-sex marriage licenses on own initiative without specific legalization^*

  Same-sex marriage ban overturned, stayed pending appeal; same-sex marriage recognized when performed elsewhere

---

^* These counties also qualify for the gray color

Lawson v. Kelly

In June 2014, Jackson County denied marriage licenses to two same-sex couples, which provided, according to Jackson County Executive Mike Sanders, a better vehicle for a lawsuit than the St. Louis case.[16] On June 24, the ACLU filed Lawson v. Kelly in Jackson County circuit court on behalf of the two same-sex couples who had been denied marriage licenses there.[17] Jackson County officials said it was up to the state attorney general to defend the state's position.[16] Missouri Attorney General Chris Koster intervened and had the case moved to federal district court.[18] U.S. District Court Judge Ortrie D. Smith ruled for the plaintiffs on November 7, finding that Missouri's ban denied the plaintiffs their fundamental right to marry and discriminated against them on the basis of gender, but not on the basis of sexual orientation. He ordered only Jackson County to issue marriage licenses to same-sex couples and stayed his order pending conclusion of any appeal. Despite the stay, Jackson County began issuing marriage licenses to same-sex couples immediately following the decision.[19][20] On November 21, the plaintiffs asked Judge Smith to lift his stay given that St. Louis had been ordered to issue marriage licenses to same-sex couples in State of Missouri v. Florida and noting that the state took no position on the request.[21] He refused on November 25, noting that licenses might be issued "that could later be determined to have been issued in error" if his decision was reversed.[22]

Attorney General Koster filed notice of appeal in the Eighth Circuit Court of Appeals on December 5.[23] On December 8, the same-sex couples also filed notice of appeal to contest the district court's rejection of their claim of discrimination on the basis of sexual orientation.[24]

On December 10, the couples asked the Eighth Circuit to vacate the district court's stay or hear their appeal on an expedited basis.[25] On December 20, the couples asked the Eighth Circuit to consider their request to vacate the stay in light of the U.S. Supreme Court's refusal the previous day to grant a stay in a Florida case, Armstrong v. Brenner.[26] The state replied to the couples' motion on December 24, calling the request for expedited consideration premature given the likelihood that in January the U.S. Supreme Court will agree to hear a same-sex marriage case. The state's brief did not mention the district court's stay.[27] On January 9, 2015, the couples asked the Eighth Circuit for a "prompt ruling" on their request, noting that the state had offered no argument against lifting the stay and that the Supreme Court had not accepted a petition for certiorari in a same-sex marriage case that day. They wrote: "there is no equitable reason to hold the current case in perpetual limbo".[28] On January 21, the state asked the court to suspend proceedings pending action by the U.S. Supreme Court in similar same-sex marriage cases.[29] The couples supported that request only if the court lifted the stay.[30]

On January 22, the court refused both to lift the stay and to suspend proceedings. It agreed to expedite the case.[31] On February 9, the plaintiff couples again asked the Eighth Circuit to lift the stay, citing the Supreme Court's refusal to grant a stay that day in Searcy v. Strange (Alabama).[32]

U.S. Supreme Court decision

On June 26, 2015, following the U.S. Supreme Court decision in Obergefell v. Hodges, the plaintiffs asked the Eighth Circuit to lift its stay,[33] and the state asked the court to dismiss its appeal of the district court decision.[34]

As a result, same-sex couples began immediately marrying throughout Missouri.[35] On July 7, 2015, Governor Nixon issued "Executive Order 15-04", ordering all departments and agencies of Missouri to immediately take all necessary measures to ensure compliance with the Obergefell decision.[36]

State of Missouri v. Florida

In June 2014, St. Louis officials licensed four same-sex marriages in order to provide the basis for a lawsuit when the state ordered them to stop the practice.[37] St. Louis Circuit Judge Rex Burlison held a hearing in the suit, originally State of Missouri v. Carpenter, on September 29 in state circuit court.[38] He ruled in favor of the plaintiffs on November 5, ruling that Missouri's refusal to license same-sex marriages violates the Missouri and federal constitutions.[39] Missouri Attorney General Chris Koster announced plans to appeal the ruling to the Missouri Supreme Court, but not to seek a stay of the ruling's implementation because "[f]ollowing decisions in Idaho and Alaska, the United States Supreme Court has refused to grant stays on identical facts."[40] Attorney General Koster and the Recorders' Association of Missouri said Judge Burlison's order only applied to the city of St. Louis,[41] where the city's marriage license department began issuing marriage licenses to same-sex couples.[42] St. Louis County, where an official said "We believe it's a county-by-county decision",[41] began issuing marriage licenses to same-sex couples the next day.[43][19]

In re Marriage of M.S. and D.S.

After a trial court in St. Louis County denied him a divorce, a man married in Iowa to a man now incarcerated in a Missouri prison appealed to the Missouri Supreme Court on March 13, 2014, which heard oral argument on December 3. In February 2014, a Boone County judge granted a divorce to two women who wed in Massachusetts in 2009.[44]

Marriage statistics

The Missouri Department of Health and Senior Services has collected data on the number of same-sex marriages performed in Missouri since 2016, as shown in the table below. Jackson County, St. Louis County and St. Louis together account for about half of all same-sex marriages. No such marriages were recorded in Atchison, Maries, Montgomery, Oregon, Reynolds and Shelby counties.

The data for 2015 is incomplete as several counties continued to issue licenses with the terms "groom" and "bride" until they were updated for 2016.[45]

Number of marriages performed in Missouri

Year	Same-sex			Total	% same-sex
	Female	Male	Total
2015 (from June)	471	255	726	~24,000[46]	~3.00%
2016[47]	974	603	1,577	41,747	3.78%
2017[48]	833	450	1,283	40,316	3.18%
2018[49]	749	409	1,158	41,769	2.77%

Public opinion

Public opinion for same-sex marriage in Missouri

Poll source	Date(s) administered	Sample size	Margin of error	% support	% opposition	% no opinion
Public Religion Research Institute	April 5-December 23, 2017	1,505	?	58%	35%	7%
Public Religion Research Institute	May 18, 2016-January 10, 2017	2,171	?	51%	41%	8%
Public Religion Research Institute	April 29, 2015-January 7, 2016	1,761	?	48%	45%	7%
New York Times/CBS News/YouGov	September 20-October 1, 2014	1,226 likely voters	± 3.6%	41%	47%	13%
Public Policy Polling	May 24–27, 2012	602 voters	± 4%	36%	52%	12%
Public Policy Polling	September 9–12, 2011	632 voters	± 3.9%	32%	59%	9%

See also

• LGBT rights in Missouri
• Same-sex marriage in the United States

References

1. "Missouri moves swiftly to begin same-sex marriages". The Washington Times. June 26, 2015. Retrieved June 26, 2015.
2. Moore, Doug (December 13, 2014). "Two St. Louis men denied a divorce could change same-sex marriage debate". St. Louis Post-Dispatch. Retrieved January 9, 2015.
3. Cooperman, Alan (August 5, 2004). "Gay Marriage Ban in Mo. May Resonate Nationwide". Washington Post. Retrieved April 9, 2011.
4. "Mo. Const. art. I, sec. 33 (Supp. 2010)". Moga.mo.gov. Retrieved November 2, 2013.
5. Wilson, Reid (November 15, 2013). "Missouri governor allows same-sex couples to file joint tax returns". Washington Post. Retrieved November 18, 2013.
6. "Executive Order 13-14". Retrieved April 9, 2014.
7. Mannies, Jo (January 9, 2014). "Conservatives File Suit Against Nixon's Order Regarding Same-Sex Couples' Tax Filings". St. Louis Public Radio. Retrieved September 25, 2014.
8. Miley, Cynthia (February 14, 2014). "ACLU files lawsuit over Missouri ban on recognizing same-sex marriages". Jurist. Retrieved April 28, 2014.
9. "The Eight Couples Fighting for Marriage Equality in Missouri". Vital Voice. June 4, 2014. Retrieved September 25, 2014.
10. Moore, Doug (September 25, 2014). "Judge to rule 'as quickly as possible' in Missouri same-sex marriage case". St. Louis Post-Dispatch. Retrieved September 25, 2014.
11. Johnson, Chris (October 3, 2014). "Judge orders Missouri to recognize same-sex marriages". Washington Blade. Retrieved October 3, 2014.
12. Geidner, Chris (October 3, 2014). "Missouri Must Recognize Same-Sex Marriages Granted Elsewhere, State Court Rules". BuzzFeedNews. Retrieved October 3, 2014.
13. "Press Release: Attorney General Koster's statement on his decision not to appeal in Barrier v. Vasterling". Missouri Times. October 6, 2014. Retrieved October 6, 2014.
14. "ACLU Responds to Missouri Legislature's Attempt to Intervene in Marriage Recognition Lawsuit". Missouri Times. December 5, 2014. Retrieved December 5, 2014.
15. "Judge: Missouri legislature can't stop KC from recognizing same-sex marriages". Retrieved December 11, 2014.
16. Priddy, Bob (July 4, 2014). "Same sex marriage ban fight moves to KC". KMAland. Retrieved September 25, 2014.
17. "ACLU challenges Missouri ban on gay marriage". KSDK. Associated Press. June 27, 2014. Retrieved September 25, 2014.
18. Toler, Lindsay (August 8, 2014). "Missouri Same-Sex Marriage Case Moves Up to Federal Court". Riverfront Times. Archived from the original on 2014-10-20. Retrieved September 25, 2014.
19. Lippmann, Rachel; Lloyd, Tim (November 7, 2014). "Federal Judge Declares Missouri's Ban On Same-Sex Marriage Unconstitutional". St. Louis Public Radio. Retrieved December 10, 2014.
20. Morris, Mark (November 7, 2014). "Same-sex marriages begin in Jackson County after U.S. judge finds state ban unconstitutional". Kansas City Star. Retrieved November 8, 2014.
21. "Motion to Lift Stay". Scribd.com. Retrieved November 21, 2014.
22. Margolies, Dan (November 25, 2014). "Same-Sex Marriages In Missouri Remain On Hold After Judge's Order". Kansas City Public Media. Retrieved January 13, 2015.
23. "Notice of Appeal". Scribd.com. Eighth Circuit Court of Appeals. Retrieved December 5, 2014.
24. "Notice of Cross-Appeal". Scribd.com. U.S. District Court for Western Missouri. December 8, 2014.
25. "Motion to Vacate Stay or Expedite Appeal". Eighth Circuit Court of Appeals. December 10, 2014.
26. "Plaintiffs' Letter". Scribd.com. Eighth Circuit Court of Appeals. Retrieved December 20, 2014.
27. "Missouri Response to Plaintiffs' Motion to Lift Stay and/or Expedite Appeal". Scribd.com. Eighth Circuit Court of Appeals. Retrieved January 13, 2015.
28. "ACLU Letter to 8th Circuit". Scribd.com. Eighth Circuit Court of Appeals. Retrieved January 13, 2015.
29. "Motion to Stay". Scribd.com. Eighth Circuit Court of Appeals. Retrieved January 21, 2015.
30. "Response". Scribd.com. Eighth Circuit Court of Appeals. Retrieved January 21, 2015.
31. Johnson, Chris (January 22, 2015). "Eighth Circuit won't place hold on Missouri marriage litigation". Washington Blade. Retrieved January 22, 2015.
32. "Plaintiffs' Second Motion to Vacate Stay". Scribd.com. Eighth Circuit Court of Appeals. Retrieved February 9, 2015.
33. "Plaintiffs' 3rd Motion to Lift Stay". Retrieved June 26, 2015.
34. "State's Motion to Dismiss Appeal". Retrieved June 26, 2015.
35. "Missouri moves swiftly to implement gay marriage". Big 550 KTRS. 27 June 2015. Archived from the original on 2015-07-01. Retrieved 2015-06-28.
36. "Executive Order 15-04". Office of Missouri Governor Jay Nixon. 7 July 2015. Archived from the original on 2015-07-07. Retrieved 2015-07-08.
37. Pistor, Nicholas (June 26, 2014). "Battle over same-sex marriages in St. Louis headed to court". St. Louis Post-Dispatch. Retrieved September 25, 2014.
38. Salter, Jim (September 29, 2014). "St. Louis Challenge to Gay Marriage Ban in Court". Washington Times. Associated Press. Retrieved November 5, 2014.
39. Moore, Doug (November 5, 2014). "Judge rules that gay marriage ban in Missouri is unconstitutional". St. Louis Post-Dispatch. Retrieved November 5, 2014.
40. "AG Koster's statement regarding today's ruling in St. Louis same-sex marriage case". Missouri Attorney General. November 5, 2014. Archived from the original on November 6, 2014. Retrieved November 5, 2014.
41. Lieb, David A. (November 6, 2014). "Many Missouri Counties Not Granting Gay Marriages". ABC News. Associated Press. Retrieved November 7, 2014.
42. Raab, Lauren; Queally, James (November 5, 2014). "Missouri's gay marriage ban thrown out; St. Louis issuing licenses". Los Angeles Times. Retrieved November 5, 2014.
43. "St. Louis County Complies with Ruling on Gay Marriage Ban, Issues First Two Same Sex Marriage Licenses". St. Louis County. November 6, 2014. Retrieved November 6, 2014.
44. Keller, Rudi. "Missouri Supreme Court hears arguments over gay divorce". Columbia Daily Tribune. Retrieved December 3, 2014.
45. "2017 Same-Sex Marriage" (PDF). health.mo.gov.
46. "Table 35. Reported Marriages by Month of Event: Missouri, 2015" (PDF). health.mo.gov.
47. "Table 35B. Reported Marriages by Gender and County of Recording: Missouri, 2016" (PDF). health.mo.gov.
48. "Table 35B. Reported Marriages by Gender and County of Recording: Missouri, 2017" (PDF). health.mo.gov.
49. "Table 35B. Reported Marriages by Gender and County of Recording: Missouri, 2018" (PDF). health.mo.gov.

External links

• Lawson v. Kelly, U.S. District Court for the Western District of Missouri, November 7, 2014
• State of Missouri v. Florida, Missouri Circuit Court 22nd Judicial Circuit, November 5, 2014
• Barrier v. Vasterling, Circuit Court of Jackson County, Missouri, October 3, 2014