Missouri “Same-Sex Marriage” Ban Deemed Unconstitutional

St. Louis state Circuit Judge Rex Burlison issued an order this week holding that Missouri law defining marriage as the union of one man and one woman is unconstitutional and violates the equal protection and due process clauses of the U.S. Constitution.

The ruling requires the St. Louis City clerk to issue marriage licenses to same-sex couples in the City of St. Louis.  Attorney General Koster has appealed the decision to the Missouri Supreme Court, but did not seek to stay the decision in the interim.

The Missouri Supreme Court has not yet addressed the constitutionality of Missouri’s “same-sex marriage” ban, and it has not indicated whether it will take this case.  The case requires analysis of the U.S. Constitution, and the majority of the recent decisions on this issue from around the country have come from federal appellate courts.

Judge Burlison’s decision only applies to the City of St. Louis for now, but it could be cited as precedent for challenges in other state court actions in other areas of the state in the months to come.

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