Same-sex marriage in Missouri

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]

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]

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]

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]

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]