A Missouri state court judge struck down part of that state’s same-sex marriage ban for the first time on Friday by ordering the state to recognize same-sex marriages legally performed in other states. Missouri judge side with married same-sex couples:
The decision comes in a lawsuit filed by 10 same-sex couples who legally married outside the state, including Arlene Zarembka and Zuleyma Tang-Martinez. The St. Louis couple, who married in Canada, said Friday’s ruling could boost their household income, and they plan to apply Monday for Zarembka to receive Social Security benefits as Tang-Martinez’s spouse.
The order means such couples will be eligible to sign up for a wide range of tax, health insurance, veterans and other benefits now afforded to opposite-sex married couples. Missouri Attorney General Chris Koster, who has defended the state’s ban on gay marriage, said his office was reviewing the ruling.
The American Civil Liberties Union, which is helping the couples, noted the ruling was a first in the state.
“We’re gratified that the court recognized that married same-sex couples and their families are no different than other couples, and that the Constitution requires them to be treated equally,” ACLU attorney Tony Rothert said. “This is not the first court to reach this conclusion, but it is the first court to do so in Missouri, so it’s a tremendous day for our state.”
Jackson County Circuit Judge J. Dale Youngs sided with the couples, who argue that their rights to equal protection and due process are being violated by Missouri’s ban on gay marriage. Youngs said the couples deserve the same recognition as opposite-sex couples who married in other states.
“The undisputed facts before the Court show that, to the extent these laws prohibit plaintiffs’ legally contracted marriages from other states being recognized here, they are wholly irrational, do not rest upon any reasonable basis, and are purely arbitrary,” Youngs wrote. “All they do is treat one segment of the population — gay men and lesbians — differently than their same-sex counterparts, for no logical reason.”
The lawsuit before Youngs only challenges Missouri’s refusal to recognize marriages legally performed outside the state, not laws that bar same-sex couples from getting married in Missouri.
Rothert said the ruling means that thousands of Missouri couples can now qualify for spousal government benefits and, on a smaller level, change their last names to match their spouse’s on their Missouri driver’s license.
The case is among at least three challenging Missouri’s ban: There is a federal challenge in Kansas City, and a St. Louis case focuses on city officials who issued marriage licenses to four same-sex couples to trigger a legal test of the ban.
I would expect Missouri Attorney General Chris Koster to file an appeal.
This is how state same-sex marriage bans begin to fall. The Full Faith and Credit Clause—Article IV, Section 1, of the U.S. Constitution—provides that the various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States. It states that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”
The statute that implements the clause, 28 U.S.C.A. § 1738, further specifies that “a state’s preclusion rules should control matters originally litigated in that state.” The Full Faith and Credit Clause ensures that judicial decisions rendered by the courts in one state are recognized and honored in every other state.