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Same-sex marriage in Missouri

(Redirected from Lawson v. Kelly)

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 marriages despite a statewide ban.[1]

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]

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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 required more than 170,000 signatures to be collected, verified, and submitted by May 6, 2024; however, it did not appear on the 2024 ballot.[7][8]

Recognition of same-sex marriages from other jurisdictions

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Missouri statutes prohibited the recognition of same-sex marriages validity performed in other jurisdictions, though 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.

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

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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

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Lawson v. Kelly

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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

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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

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State of Missouri v. Florida

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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.

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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

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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 2021, 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.[52]

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.[53]

Number of marriages performed in Missouri
Year Same-sex Unspecified Opposite-sex % same-sex
Female Male Total
2016[54] 974 603 1,577 205 39,965 3.78%
2017[55] 833 450 1,283 52 38,981 3.18%
2018[56] 749 409 1,158 347 38,187 3.23%
2019[52] 710 358 1,166 456 35,112 3.17%
2020[57] 749 344 1,093 116 33,216 3.18%
2021[58] 780 372 1,152 124 35,978 3.09%

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.[59]

Public opinion

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Public opinion for same-sex marriage in Missouri
Poll source Dates administered Sample size Margin of error Support Opposition Do not know / refused
Public Religion Research Institute March 9 – December 7, 2023 375 adults ? 61% 35% 4%
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 adults ? 62% 33% 5%
Public Religion Research Institute April 5 – December 23, 2017 1,505 adults ? 58% 35% 7%
Public Religion Research Institute May 18, 2016 – January 10, 2017 2,171 adults ? 51% 41% 8%
Public Religion Research Institute April 29, 2015 – January 7, 2016 1,761 adults ? 48% 45% 7%
Public Religion Research Institute April 2, 2014 – January 4, 2015 1,102 adults ? 47% 44% 9%
New York Times/CBS News/YouGov September 20 – October 1, 2014 1,226 likely voters ± 3.6% 41% 47% 12%
Public Policy Polling May 24–27, 2012 602 voters ± 4.0% 36% 52% 12%
Public Policy Polling September 9–12, 2011 632 voters ± 3.9% 32% 59% 9%

See also

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References

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  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. Archived from the original on November 4, 2013. Retrieved November 2, 2013.
  5. ^ "2018 Missouri Revised Statutes, Title XXX - Domestic Relations, Chapter 451 - Marriage, Marriage Contracts, and Rights of Married Women, Section 451.022 - Public policy, same sex marriages prohibited — license may not be issued". Justia.
  6. ^ Keller, Rudi (December 15, 2022). "Missouri Republican pushes for constitutional change to recognize same-sex marriages". Missouri Independent.
  7. ^ "Group gathers signatures to place same-sex marriage question on Missouri ballot". KY3. Jefferson City, Missouri. June 20, 2023.
  8. ^ "Petition Would Repeal 2004 Missouri Amendment On Marriage". KTTS. June 21, 2023.
  9. ^ Wilson, Reid (November 15, 2013). "Missouri governor allows same-sex couples to file joint tax returns". Washington Post. Retrieved November 18, 2013.
  10. ^ "Executive Order 13-14". Retrieved April 9, 2014.
  11. ^ 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.
  12. ^ Miley, Cynthia (February 14, 2014). "ACLU files lawsuit over Missouri ban on recognizing same-sex marriages". Jurist. Retrieved April 28, 2014.
  13. ^ "The Eight Couples Fighting for Marriage Equality in Missouri". Vital Voice. June 4, 2014. Retrieved September 25, 2014.
  14. ^ 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.
  15. ^ Johnson, Chris (October 3, 2014). "Judge orders Missouri to recognize same-sex marriages". Washington Blade. Retrieved October 3, 2014.
  16. ^ Geidner, Chris (October 3, 2014). "Missouri Must Recognize Same-Sex Marriages Granted Elsewhere, State Court Rules". BuzzFeedNews. Retrieved October 3, 2014.
  17. ^ "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.
  18. ^ "ACLU Responds to Missouri Legislature's Attempt to Intervene in Marriage Recognition Lawsuit". Missouri Times. December 5, 2014. Retrieved December 5, 2014.
  19. ^ "Judge: Missouri legislature can't stop KC from recognizing same-sex marriages". Retrieved December 11, 2014.
  20. ^ a b Priddy, Bob (July 4, 2014). "Same sex marriage ban fight moves to KC". KMAland. Retrieved September 25, 2014.
  21. ^ "ACLU challenges Missouri ban on gay marriage". KSDK. Associated Press. June 27, 2014. Retrieved September 25, 2014.
  22. ^ 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.
  23. ^ a b 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.
  24. ^ 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.
  25. ^ "Motion to Lift Stay". Scribd.com. Retrieved November 21, 2014.
  26. ^ 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.
  27. ^ "Notice of Appeal". Scribd.com. Eighth Circuit Court of Appeals. Retrieved December 5, 2014.
  28. ^ "Notice of Cross-Appeal". Scribd.com. U.S. District Court for Western Missouri. December 8, 2014.
  29. ^ "Motion to Vacate Stay or Expedite Appeal". Eighth Circuit Court of Appeals. December 10, 2014.
  30. ^ "Plaintiffs' Letter". Scribd.com. Eighth Circuit Court of Appeals. Retrieved December 20, 2014.
  31. ^ "Missouri Response to Plaintiffs' Motion to Lift Stay and/or Expedite Appeal". Scribd.com. Eighth Circuit Court of Appeals. Retrieved January 13, 2015.
  32. ^ "ACLU Letter to 8th Circuit". Scribd.com. Eighth Circuit Court of Appeals. Retrieved January 13, 2015.
  33. ^ "Motion to Stay". Scribd.com. Eighth Circuit Court of Appeals. Retrieved January 21, 2015.
  34. ^ "Response". Scribd.com. Eighth Circuit Court of Appeals. Retrieved January 21, 2015.
  35. ^ Johnson, Chris (January 22, 2015). "Eighth Circuit won't place hold on Missouri marriage litigation". Washington Blade. Retrieved January 22, 2015.
  36. ^ "Plaintiffs' Second Motion to Vacate Stay". Scribd.com. Eighth Circuit Court of Appeals. Retrieved February 9, 2015.
  37. ^ "Plaintiffs' 3rd Motion to Lift Stay". Retrieved June 26, 2015.
  38. ^ "State's Motion to Dismiss Appeal". Retrieved June 26, 2015.
  39. ^ "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.
  40. ^ Shahriari, Sara (June 26, 2015). "Boone County Begins Issuing Marriage Licenses to Same-Sex Couples". KBIA.
  41. ^ "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.
  42. ^ "Missouri leaders react to Supreme Court ruling making same-sex marriage legal". Missourinet. June 26, 2015.
  43. ^ Pistor, Nicholas (June 26, 2014). "Battle over same-sex marriages in St. Louis headed to court". St. Louis Post-Dispatch. Retrieved September 25, 2014.
  44. ^ Salter, Jim (September 29, 2014). "St. Louis Challenge to Gay Marriage Ban in Court". Washington Times. Associated Press. Retrieved November 5, 2014.
  45. ^ Moore, Doug (November 5, 2014). "Judge rules that gay marriage ban in Missouri is unconstitutional". St. Louis Post-Dispatch. Retrieved November 5, 2014.
  46. ^ "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.
  47. ^ a b Lieb, David A. (November 6, 2014). "Many Missouri Counties Not Granting Gay Marriages". ABC News. Associated Press. Retrieved November 7, 2014.
  48. ^ 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.
  49. ^ "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.
  50. ^ "In re Marriage of M.S.". Justia.
  51. ^ Keller, Rudi. "Missouri Supreme Court hears arguments over gay divorce". Columbia Daily Tribune. Retrieved December 3, 2014.
  52. ^ a b "Table 35B. Reported Marriages by Gender and County of Recording: Missouri, 2019" (PDF). health.mo.gov. Archived from the original (PDF) on April 25, 2023.
  53. ^ "2017 Same-Sex Marriage" (PDF). health.mo.gov.
  54. ^ "Table 35B. Reported Marriages by Gender and County of Recording: Missouri, 2016" (PDF). health.mo.gov. Archived from the original (PDF) on December 23, 2019.
  55. ^ "Table 35B. Reported Marriages by Gender and County of Recording: Missouri, 2017" (PDF). health.mo.gov. Archived from the original (PDF) on December 23, 2019.
  56. ^ "Table 35B. Reported Marriages by Gender and County of Recording: Missouri, 2018" (PDF). health.mo.gov. Archived from the original (PDF) on December 23, 2019.
  57. ^ "Table 35B. Reported Marriages by Gender and County of Recording: Missouri, 2020" (PDF). health.mo.gov. Archived from the original (PDF) on May 17, 2023.
  58. ^ "Table 35B. Reported Marriages by Gender and County of Recording: Missouri, 2021" (PDF). health.mo.gov. Archived from the original (PDF) on May 8, 2024.
  59. ^ "PCT1405 Couple Households, By Type". United States Census Bureau. Retrieved 11 December 2023.
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