Missouri Same-Sex Marriage Case Moves Up to Federal Court

Categories: LGBT

MirandaMima2update.jpg
Courtesy of the mayor's office
Miranda Duschack and Mimo Davis are the first lesbian couple to be married in Missouri.
One of the three legal challenges against Missouri's ban on gay marriage will move up to a federal court at a time when federal appellate judges are knocking down same-sex marriage bans state by state.

Attorney General Chris Koster intervened in the case and bumped it out of state court and into a federal court, according to the Associated Press.

"We wanted at least one of the cases (from Missouri) to be considered in a court of broader jurisdiction," Koster spokesman Eric Slusher tells the AP.

See also: Meet the First Four Gay Couples to Marry in St. Louis (PHOTOS)

The lawsuit -- filed by the American Civil Liberties Union earlier this summer on behalf of two same-sex couples who were denied marriage licenses in Jackson County -- alleges that Missouri's constitutional ban on gay marriage violates equal-protection and due-process rights under the U.S. Constitution. Similar arguments from other states have resulted in judges ruling that bans on same-sex marriage are unconstitutional.

The change in venue does not affect the other two cases pending from Missouri, including another ACLU lawsuit filed on behalf of eight same-sex couples and a lawsuit against the St. Louis City Recorder of Deeds for illegally issuing four marriage licenses for four same-sex couples.

See also: ACLU And Eight Gay Couples Sue Missouri Over Same-Sex Marriage Ban

But all this legal maneuvering may not matter in the end. By the time the lawsuit works its way through the courts, the U.S. Supreme Court may have already decided on the constitutional right to same sex marriage. The court is expected to hear a case out of Utah and could make a ruling as early as June.

See also: Why Same-Sex Marriage Will Probably Be Legal in Missouri By Next Year

"We're very much at square one," ACLU attorney Tony Rothert tells the AP. "It's unlikely that this particular marriage-license case will be decided before the U.S. Supreme Court tells us the answer" to challenges in other states.

Nineteen states and the District of Columbia allow same-sex couples to wed.

Follow Lindsay Toler on Twitter at @StLouisLindsay. E-mail the author at Lindsay.Toler@RiverfrontTimes.com.


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10 comments
Laura Dee
Laura Dee

I'm just trying to figure out if that's rust or faux marbling on the heater under the window. *shrug*

Snowbeam Wiggleton
Snowbeam Wiggleton

Often furcation beholds shovel thankful Haydon Sherwood Sinicisms

Soy Sauce Soy Sauce
Soy Sauce Soy Sauce

I guess when you're living on the public dime, anything is possible, including bad taste in carpets.

Kevin McElligott
Kevin McElligott

because that style is called class aka not cheap dry wall and plaster.

Soy Sauce Soy Sauce
Soy Sauce Soy Sauce

Is that Slay's office? Why is it decorated like a 19th century whorehouse?

Steve Mincer
Steve Mincer

and just 6 years ago, obama was against gay marriage. * drops mic *

Tim Corkill
Tim Corkill

I wonder what the bigot church loving judge will decide?

akgroeblinghoff
akgroeblinghoff

Awesome. I hope this gets overturned. We better not be the last state to not allow equal marriages.

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