Same-sex marriage in Missouri

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Same-sex marriage has been legal in Missouri since 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]

Contents

On November 5, 2014, a state court ruling striking down Missouri's same-sex marriage ban ordered 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 struck down Missouri's same-sex marriage ban but 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]

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] State statutes also banned same-sex marriage. [5]

In December 2022, Representative Chris Sander introduced a constitutional amendment to repeal the ban. Sander said, "My intent with the language is to have the Missouri Constitution in line with federal law because I believe federal law is the correct ruling. This country has a history of saying who can't get married in an ugly way." The amendment required approval in both the Senate and the House of Representatives before being placed on the ballot for approval by voters. [6] However, the measure failed to pass before the end of the legislative session in May 2023. In June, activists announced that they had initiated a petition to repeal the same-sex marriage ban. The petition would require more than 170,000 signatures to be collected, verified, and submitted by May 6, 2024. If the necessary signatures are collected, it would be placed on the November 2024 ballot for approval by voters. [7] [8]

Recognition of same-sex marriages from other jurisdictions

Missouri statutes prohibited the recognition of same-sex marriages validity performed in other jurisdictions. This provision is now unenforceable.

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. [9] [10] Four conservatives, three associated with the Missouri Baptist Convention and one a former St. Charles County Executive associated with Focus on the Family, filed Messer v. Nixon in Cole County Circuit Court on January 8, 2014, seeking to prevent the practice. [11] The lawsuit was unsuccessful.

Barrier v. Vasterling

The American Civil Liberties Union (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, [12] on behalf of eight same-sex couples, [13] later joined by two more. Oral arguments were held on September 2 before Judge J. Dale Youngs in the Jackson County Circuit Court in Kansas City. [14] 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. [15] He ordered the state to recognize such marriages and held the state responsible for the plaintiffs' legal expenses. [16] On October 6, the Missouri Attorney General, Chris Koster, announced the state would not appeal the decision. [17] Members of the Missouri General Assembly sought to intervene in the suit and appeal the decision, [18] but the court rejected their petition as filed too late for the court to act. [19]

Lawsuits

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

Federal cases

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. [20] On June 24, the ACLU filed Lawson v. Kelly in circuit court on behalf of the two same-sex couples who had been denied marriage licenses there. [21] Jackson County officials said it was up to the Attorney General to defend the state's position. [20] Attorney General Koster intervened and had the case moved to federal district court. [22] 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. [23] [24] 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. [25] 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. [26]

Attorney General Koster filed a notice of appeal in the Eighth Circuit Court of Appeals on December 5. [27] On December 8, the same-sex couples also filed a notice of appeal to contest the district court's rejection of their claim of discrimination on the basis of sexual orientation. [28]

On December 10, the couples asked the Eighth Circuit to vacate the district court's stay or hear their appeal on an expedited basis. [29] 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 . [30] 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 would agree to hear a same-sex marriage case. The state's brief did not mention the district court's stay. [31] 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". [32] 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. [33] The couples supported that request only if the court lifted the stay. [34] On January 22, the court refused both to lift the stay and to suspend proceedings. It agreed to expedite the case. [35] 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 in Searcy v. Strange, a same-sex marriage case from Alabama. [36]

Obergefell v. Hodges

On June 26, 2015, following the U.S. Supreme Court's decision in Obergefell v. Hodges that same-sex marriage bans violate the Due Process and Equal Protection clauses of the Fourteenth Amendment, the plaintiffs asked the Eighth Circuit to lift the stay, [37] and the state asked the court to dismiss its appeal of the district court decision. [38] As a result, same-sex couples began immediately marrying throughout Missouri. [39] Angie Boyle and Laura Zinszer, together for 19 years, were the first couple to receive a marriage license in Columbia on June 26. [40] On July 7, 2015, Governor Jay Nixon issued "Executive Order 15-04", ordering all state departments and agencies to immediately take all necessary measures to ensure compliance with the Obergefell decision. [41]

Attorney General Koster reacted to the ruling by stating, "The history of our country has always been one of moving toward inclusion and equality. I applaud the court for their courage and strong sense of fairness. Missourians should be seen as equals under the law; regardless of their gender, race, or whom they love." Governor Nixon also welcomed the court decision, "Today's decision in Obergefell v. Hodges is a major victory for equality and an important step toward a fairer and more just society for all Americans." Congresswoman Vicky Hartzler said she was "disappointed", "Decisions on marriage policy should be left in the hands of the 50 states, allowing those who wish to define marriage as being between one man and one woman, as we did in Missouri, to do so. Today's ruling tramples on the voice of the people." [42]

State cases

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. [43] 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. [44] He ruled in favor of the plaintiffs on November 5, ruling that Missouri's refusal to license same-sex marriages violated the Missouri and federal constitutions. [45] Attorney General 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." [46] Attorney General Koster and the Recorders' Association of Missouri said Judge Burlison's order only applied to the city of St. Louis, [47] where the city's marriage license department began issuing marriage licenses to same-sex couples. [48] St. Louis County, where an official said "We believe it's a county-by-county decision", [47] began issuing marriage licenses to same-sex couples the next day. [49] [23]

In re Marriage of M.S.

After a circuit court in St. Louis County denied him a divorce sua sponte , 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 arguments on December 3. The Supreme Court reversed the lower court's decision on February 10, 2015, holding that the circuit court had subject-matter jurisdiction because the plain language of the Missouri Constitution provides that Missouri circuit courts have jurisdiction over all civil cases and matters (and a petition for dissolution of marriage is a civil case), and remanded the case back to the lower court. [50]

In February 2014, a Boone County judge granted a divorce to two women, Dena and Samantha Latimer, who had married in Massachusetts in 2009. [51]

Demographics and 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 Missouri same-sex marriages, with Greene, St. Charles, Boone, Clay, Jasper, Jefferson and Cape Girardeau counties together accounting for about one-fourth. As of 2020, Shelby County is the only county in Missouri where no same-sex marriage has taken place. The first same-sex marriages in Montgomery and Oregon counties were performed in 2019.

Data for 2015 is incomplete as several counties continued to issue licenses with the terms "groom" and "bride" until they were updated for 2016. The state recorded 471 marriages between two women and 255 marriages between two men in 2015. The median age at marriage was higher for same-sex spouses than for opposite-sex spouses in 2015, at 39.9 years to 30.3 years. [52]

Number of marriages performed in Missouri
YearSame-sexUnspecifiedOpposite-sex % same-sex
FemaleMaleTotal
2016 [53] 9746031,57720539,9653.78%
2017 [54] 8334501,2835238,9813.18%
2018 [55] 7494091,15834738,1873.23%
2019 [56] 7103581,16645635,1123.17%
2020 [57] 7493441,09311633,2163.18%

The 2020 U.S. census showed that there were 9,634 married same-sex couple households (3,978 male couples and 5,656 female couples) and 9,146 unmarried same-sex couple households in Missouri. [58]

Public opinion

Public opinion for same-sex marriage in Missouri
Poll sourceDate(s)
administered
Sample
size
Margin of
error
 % support % opposition % no opinion
Public Religion Research Institute March 11 – December 14, 2022  ? ?63%36%1%
Public Religion Research Institute March 8 – November 9, 2021  ? ?65%35%<0.5%
Public Religion Research Institute January 7 – December 20, 2020 816 random telephone
interviewees
 ?62%33%5%
Public Religion Research Institute April 5 – December 23, 2017 1,505 random telephone
interviewees
 ?58%35%7%
Public Religion Research Institute May 18, 2016 – January 10, 2017 2,171 random telephone
interviewees
 ?51%41%8%
Public Religion Research Institute April 29, 2015 – January 7, 2016 1,761 random telephone
interviewees
 ?48%45%7%
New York Times/CBS News/YouGov September 20 – October 1, 20141,226 likely voters± 3.6%41%47%13%
Public Policy Polling May 24–27, 2012602 voters± 4%36%52%12%
Public Policy Polling September 9–12, 2011632 voters± 3.9%32%59%9%

See also

Related Research Articles

Same-sex marriage has been legal in Florida since January 6, 2015, as a result of a ruling in Brenner v. Scott from the U.S. District Court for the Northern District of Florida. The court ruled the state's same-sex marriage ban unconstitutional on August 21, 2014. The order was stayed temporarily. State attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014. In addition, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state's denial of marriage rights to same-sex couples, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal and the stay expired on January 6, 2015.

Same-sex marriage has been legally recognized in Colorado since October 7, 2014. Colorado's state constitutional ban on same-sex marriage was struck down in state district court on July 9, 2014, and by the U.S. District Court for the District of Colorado on July 23, 2014. The Tenth Circuit Court of Appeals had already made similar rulings with respect to such bans in Utah on June 25 and Oklahoma on July 18, which are binding precedents on courts in Colorado. On October 6, 2014, the U.S. Supreme Court declined to hear the Tenth Circuit cases, and the Tenth Circuit lifted its stay. On October 7, the Colorado Supreme Court and the Tenth Circuit cleared the way for same-sex marriages to begin in Colorado.

Same-sex marriage has been legal in South Carolina since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.

Same-sex marriage has been legal in Louisiana since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The court held that the denial of marriage rights to same-sex couples is unconstitutional, invalidating Louisiana's ban on same-sex marriage. The ruling clarified conflicting court rulings on whether state officials are obligated to license same-sex marriages. Governor Bobby Jindal confirmed on June 28 that Louisiana would comply with the ruling once the Fifth Circuit Court of Appeals reversed its decision in a Louisiana case, which the Fifth Circuit did on July 1. Jindal then said the state would not comply with the ruling until the U.S. District Court for the Eastern District of Louisiana reversed its judgment, which it did on July 2. All parishes now issue marriage licenses in accordance with federal law.

Same-sex marriage has been legal in Alabama since June 26, 2015, in accordance with the U.S. Supreme Court's ruling in Obergefell v. Hodges. Not all counties immediately complied with the ruling, copying behavior from the civil rights era when they had refused to perform interracial marriages. A year after the Supreme Court ruling, twelve counties would either issue licenses to no one or only to opposite-sex couples. By 2017, this number had dropped to only eight counties, with all eight refusing to issue licenses to anyone. In May 2019, the Alabama Legislature passed a bill replacing the option that counties issue marriage licenses and perform marriage ceremonies with the requirement of counties to record marriage certificates. Subsequently, all counties complied and announced on August 29, 2019 that they would record marriage certificates for interracial and same-sex couples. Previously, Alabama had banned the licensing of same-sex marriages and the recognition of such marriages from other jurisdictions by executive order in 1996, by statute in 1998, and by constitutional amendment in June 2006.

Same-sex marriage has been legally recognized in West Virginia since October 9, 2014. On July 28, 2014, a ruling by the Fourth Circuit Court of Appeals in Bostic v. Schaefer found Virginia's ban on same-sex marriage unconstitutional. On October 6, 2014, the U.S. Supreme Court denied certiorari in Bostic, allowing the ruling to take effect. As a result, on October 9, 2014, Governor Earl Ray Tomblin announced he was ordering state agencies to act in compliance with the controlling precedent in the Virginia case. Even though West Virginia's ban was not explicitly declared unconstitutional, the Fourth Circuit precedent made it certain the state's statutory ban would be overturned. The state started issuing marriage licenses to same-sex couples that same day. The U.S. District Court for the Southern District of West Virginia officially ruled the state's same-sex marriage ban unconstitutional on November 7, 2014.

Same-sex marriage has been legally recognized in Indiana since October 6, 2014. The state had previously restricted marriage to different-sex couples by statute in 1986. By legislation passed in 1997, it denied recognition to same-sex relationships established in other jurisdictions. A lawsuit challenging the state's refusal to grant marriage licenses to same-sex couples, Baskin v. Bogan, won a favorable ruling from the U.S. District Court for the Southern District of Indiana on June 25, 2014. Until the Seventh Circuit Court of Appeals granted an emergency stay of the district court's ruling on June 27, most Indiana counties issued marriage licenses to same-sex couples. The Seventh Circuit affirmed the district court's ruling in Baskin on September 4. A ruling in Bowling v. Pence stated that the state must recognize same-sex marriages performed out-of-state and the decision was stayed until the Seventh Circuit ruled on the merits in similar cases. It also stated that the ruling would remain stayed if the circuit court stayed its decision in the related cases.

<span class="mw-page-title-main">LGBT rights in Missouri</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) persons in the U.S. state of Missouri face some legal challenges not experienced by other residents throughout the state, excluding St. Louis, Kansas City, and Columbia. Same-sex sexual activity is legal in Missouri.

Same-sex marriage has been legal in South Dakota since June 26, 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the U.S. Constitution guarantees same-sex couples the right to marry. Attorney General Marty Jackley issued a statement critical of the ruling but said South Dakota is obligated to comply and the state would recognize same-sex marriages.

Same-sex marriage has been legal in Nebraska since June 26, 2015, when the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the Fourteenth Amendment to the U.S. Constitution. Following the court ruling, Attorney General Doug Peterson announced that the state of Nebraska would comply and recognize same-sex marriages.

Same-sex marriage became legal in Kansas following the U.S. Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional. By June 30, all 31 judicial districts and all 105 Kansas counties were issuing marriage licenses to same-sex couples or had agreed to do so. Kansas state agencies initially delayed recognition of same-sex marriages for purposes including but not limited to changing names, ascribing health benefits and filing joint tax returns, but began doing so on July 6.

This is a list of notable events in the history of LGBT rights that took place in the year 2014.

The lead cases on same-sex marriage in Kentucky are Bourke v. Beshear, and its companion case Love v. Beshear. In Bourke, a U.S. district court found that the Equal Protection Clause requires Kentucky to recognize valid same-sex marriages from other jurisdictions. In Love, the same court found that this same clause renders Kentucky's ban on same-sex marriage unconstitutional. Both decisions were stayed and consolidated upon appeal to the Sixth Circuit Court of Appeals, which heard oral arguments in both cases on August 6, 2014. On November 6, the Sixth Circuit upheld Kentucky's ban on same-sex marriage.

Same-sex marriage has been legal in Kentucky since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages, was handed down on June 26, 2015, and Governor Steve Beshear and Attorney General Jack Conway announced almost immediately that the court's order would be implemented.

Same-sex marriage has been legal in Mississippi since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-sex marriage was unconstitutional. Enforcement of his ruling was stayed pending appeal to the Fifth Circuit Court of Appeals. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the U.S. Constitution. On June 29, Attorney General Jim Hood ordered clerks to comply with the court ruling and issue marriage licenses to same-sex couples. The Fifth Circuit lifted its stay on July 1, and Judge Reeves ordered an end to Mississippi's enforcement of its same-sex marriage ban. However, until July 2, 2015, several counties in Mississippi continued to refuse to issue marriage licenses, including DeSoto, Jasper, Jones, Newton, Pontotoc, Simpson and Yalobusha.

Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, striking down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.

<i>De Leon v. Perry</i>

De Leon v. Perry was a federal lawsuit challenging Texas marriage law, specifically the state's constitutional ban on same-sex marriage and corresponding statutes. A U.S. district court ruled in favor of the plaintiff same-sex couples on February 26, 2014, granting their motion for a preliminary injunction. The state defendants filed an interlocutory appeal before the United States Court of Appeals for the Fifth Circuit, as the disposition on the motion was not a final ruling in the case. On April 14, 2014, the plaintiffs filed a motion for an expedited hearing, which was denied on May 21, 2014. The plaintiffs filed another motion for an expedited hearing on October 6, 2014, after the Supreme Court of the United States denied appeals in other marriage equality cases, and the motion was granted on October 7, 2014, setting a hearing for November 2014. However, on October 27, 2014, the Fifth Circuit set oral arguments for January 9, 2015.

<i>Burns v. Hickenlooper</i>

Burns v. Hickenlooper is a lawsuit filed on July 1, 2014, in federal district court in Colorado, challenging that state's denial of marriage rights to same-sex couples. The plaintiffs' complaint alleged that the defendants have violated the Fourteenth Amendment by denying plaintiffs the fundamental right of marriage. The defendants agreed with the substance of the plaintiffs' case, but asked the district court to stay implementation of any order requiring Colorado to alter enforcement of its ban pending the outcome of other litigation. After the district court declined to grant more than a one-month stay on July 23, the state's governor and attorney general appealed and won a stay from the Tenth Circuit Court of Appeals on August 21. Following U.S. Supreme Court action in other cases, on October 8 they asked the Tenth Circuit to dismiss their appeal and lift the stay, which would effectively legalize same-sex marriage in Colorado.

In Brenner v. Scott and its companion case, Grimsley v. Scott, a U.S. district court found Florida's constitutional and statutory same-sex marriage bans unconstitutional. On August 21, 2014, the court issued a preliminary injunction that prevents that state from enforcing its bans and then stayed its injunction until stays are lifted in the three same-sex marriage cases then petitioning for a writ of certiorari in the U.S. Supreme Court–Bostic, Bishop, and Kitchen–and for 91 days thereafter. When the district court's preliminary injunction took effect on January 6, 2015, enforcement of Florida's bans on same-sex marriage ended.

In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

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