Readers Support St. Louis’ Challenge Of Missouri’s Ban On Same-Sex Marriage
Last week more than two-thirds of the readers supported the decision by St. Louis officials to issue marriage licenses to four same-sex couples in an effort to challenge Missouri’s ban. While I’d like my own same-sex marriage recognized by Missouri, beyond a joint tax return, I voted for “somewhat support.” Before I explain why, here are the results:
Q: On June 25th the City of St. Louis defied Missouri’s ban on same-sex marriage by marrying 4 couples. Oppose or support this decision?
- Strongly support 92 [69.7%]
- Strongly oppose 21 [15.91%]
- Somewhat support 8 [6.06%]
- Somewhat oppose 6 [4.55%]
- Neutral 4 [3.03%]
- Unsure/No Answer 1 [0.76%]
As I stated when I introduced this poll, this action was being discussed quietly last year. At that time Missouri’s ban wasn’t being challenged in the courts, but in February this year:
The American Civil Liberties Union and the ACLU of Missouri filed a lawsuit in state court today on behalf of eight same-sex couples who are seeking recognition for their legal out-of-state marriages. The lawsuit does not seek a repeal of Missouri’s ban on marriage for same-sex couples within the state. (ACLU)
That case wasn’t a direct challenge to the ban, that came in June a day before the weddings at city hall:
Court records show the Jackson County case was filed Tuesday.
ACLU attorney Tony Rothert said Friday that it wasn’t publicized because supporters didn’t want to distract from efforts in St. Louis.
St. Louis officials granted marriage licenses to four same-sex couples Wednesday, which also has prompted a legal fight. (KSDK)
In this case two same-sex couples who were denied marriage licenses are challenging the ban, a legal strategy successfully used in other states. Maybe both challenges will be stronger than just the one, it certainly got positive press for St. Louis. It also seems like a way to help Recorder of Deeds Sharon Carpenter in her August 5th primary, not a worthwhile reason for getting St. Louis sued by Missouri Attorney General:
Cases currently pending in Jefferson City and Kansas City regarding the constitutionality of Missouri’s ban against same-sex marriage will be decided in the coming months. Regardless of my personal support for marriage equality, such vital questions cannot be decided by local county officials acting in contravention of state law.
St. Louis is arguing county recorder of deeds are free to act based on their understanding of the constitution. I can’t help but wonder if conservative Brian Nieves would issue same-sex marriage licenses if he becomes the Franklin County recorder of deeds and our ban is ruled unconstitutional? Missouri has 115 recorder of deeds, do we want them each interpreting the constitution? Their job is to record and file documents.
— Steve Patterson