top of page

Is Same-Sex Marriage Legal in Missouri?

Writer's picture: Rob DavisRob Davis

Updated: Feb 1

Although Missouri was not among the initial states recognizing the right to marry in the United States, same-sex marriage is legal in the State of Missouri and has been since June 26th, 2015 when the U.S. Supreme Court ruled that the fundamental right to marry is guaranteed to same-sex couples in the landmark decision in Obergefell v. Hodges. In fact, the majority of Missouri residents opposed the legalization of same-sex marriage.  By a margin of 71% to 29% Missouri voters passed Constitutional Amendment 2 in 2004, the law stated “That to be valid and recognized in this state, a marriage shall exist only between a man and a woman.”


Ten years later the attitude toward same sex marriage began to change in the show me state.  In 2014, 4 same-sex couples sued the city of St. Louis, Mo after they were refused marriage licenses by the city.  City of St. Louis Circuit Judge Rex Burlison decided the matter in favor of the plaintiff couples. The Judge ruled Missouri’s prohibition on marriage between two people of the same gender contradicted not only the State of Missouri Constitution, but also the U.S. Constitution. Although the City of St. Louis began issuing marriage licenses and recognizing same sex marriage, this change was exclusive to the city only.



Two women together


The 5-4 ruling in the Obergfell case required all 50 states to perform and recognize the marriages of same-sex couples with the same rights as opposite-sex marriages. By the time the Obergefell case was decided 36 states had legalized same-sex marriages, but Missouri was not one of them. Today same-sex married couples receive all the legal benefits (and detriments) consistent with any other marriage in the United States.

In the 90’s, opposition to the laws banning same-sex marriages began in several different states and soon legal challenges to the laws began appearing in state courts. In 1993 in the Hawaii Supreme Court case of Baehr v. Miike, the court ordered a trial court to analyze if the state could demonstrate that prohibiting same-sex couples the right to marry “furthers compelling state interests and is narrowly drawn to avoid unnecessary abridgments of constitutional rights.”


At the federal level though, same-sex couples were denied the right to marriage and all that comes with it. In fact, the federal government confirmed its stance that marriage is to be between a man and a woman when it passed the Defense of Marriage Act which permitted states to reject performing and recognizing same sex marriage. President Bush did not hide his conservative thoughts that marriage should be between a man and woman.



Two men talking

One of the first U.S. Supreme Court cases which began the push for equality for those in same-sex relationships was Lawrence vs. Texas.  In the case, two men having sex in the privacy of their home were arrested and convicted of deviate sexual intercourse for breaking the Texas statute outlawing sex between two people of the same gender. In its decision made by Justice Kennedy in 2003, the Supreme Court struck down the Texas statute finding it violated the Due Process Clause of the 14th Amendment to the U.S. Constitution. “Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government;” and “The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual.”


Shortly thereafter in 2004 the first legal marriage in the U.S. between two people of the same gender took place in California between Del Martin and Phyllis Lyon when San Francisco mayor Gavin Newsom mandated the city government issue the couple a marriage license. Unfortunately the California Supreme Court voided their marriage the same year.  Then in 2008 after the California Supreme Court legalized same-sex marriage, the couple were remarried. Around the same time Martin and Lyon were first married, Massachusetts legalized same-sex marriage becoming the first U.S. state to do so.


Over the next decade more states began to legal same-sex marriage.  In 2011 New York legalized same-sex marriage, along with Washington, Maryland and Maine in 2012, and California, Delaware, Minnesota, Rhode Island and Hawaii in 2013. During the Obama administration, a substantial shift took place and finally in the United States vs. Windsor when the Supreme Court struck down the Defense of Marriage Act as unconstitutional. Yet it wasn’t until the Obergefell v. Hodges decision that same-sex marriage officially became legal under federal law mandating that all 50 states (including Missouri) recognize the legitimacy and equality of same sex marriages.


The Men’s Center for Domestic Resolution is a family law office located in Cass County, Missouri dedicated to helping men through divorce, child custody and other family law matters.  Our office can by reached at 816-287-1530.

 

 

6 views0 comments

Recent Posts

See All

Comments


The Men's Center for Domestic Resolution 

Robert Davis, Attorney at Law

1005 Cedar St. 

Pleasant Hill, MO 64080

816-287-1530

www.manlawkc.com

robert@kcmensdivorce.com

 

Cass County, Missouri Men's Family Law attorney
  • X
  • Instagram
  • Facebook

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Required Disclaimer by the Missouri Bar for Attorney Advertising: “The choice of a lawyer is an important decision and should not be based solely on advertisements.”

bottom of page