Federal Judge Invalidates Missouri Marriage Equality Ban; Decision on Hold

Written by scott on November 8th, 2014

Missouri mapA federal judge struck down Missouri’s ban on marriage equality yesterday.

Think Progress reports:

District Judge Ortrie D. Smith, a Clinton appointee, dismissed the state’s argument that the ban promotes “consistency, uniformity, and predictability” as circular. “The State essentially argues,” he wrote, that “the restriction satisfies governmental interests because it creates a rule that can be applied by the recorders of deeds and others — but then, all restrictions create rules, so by the State’s logic any restriction is automatically constitutional simply because it creates rules that can be followed.” He concluded that there was “no real reason” for Missouri to ban same-sex marriage, because none of its interests were served by doing so.

This follows an earlier decision this week at the state level opening up marriage equality in St. Louis.

Missouri Atty. Gen. Chris Koster announced he would appeal the ruling.

Towleroad reports:

“The United States District Court for the Western District of Missouri today ruled that Missouri’s ban against same-sex marriage violates the equal protection and due process guarantees of the United States Constitution. We will appeal the ruling to the Eighth Circuit Court of Appeals.” Earlier this week, Koster appealed a separate ruling striking down the state’s ban which applied only to St. Louis.

The ruling was stayed pending appeal, so we won’t see marriages all across Missouri just yet.

Find more articles and gay wedding resources in Kansas.


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