Judge rules Missouri's ban on same sex marriage unconstitutional
Missouri's ban on same-sex marriage is unconstitutional, a St. Louis circuit judge ruled on Wednesday, adding momentum to efforts in states across the country to legalize gay nuptials.
The decision comes a day after a federal judge ruled that neighboring聽Kansas聽also was violating the U.S. Constitution by refusing to allow same-sex marriages. More than 30 U.S. states permit same-sex couples to marry.
"Marriage equality is now the law of the land in the state of聽Missouri," said聽Winston Calvert, the city attorney for St. Louis, who argued against the state's same-sex marriage ban. "This decision finally enforces that constitutional guarantee of equality for gay and lesbian couples."
In his ruling,聽St. Louis聽Circuit Judge聽Rex Burlison聽said that "the freedom to marry is a fundamental right and liberty deeply rooted in the history of the聽United States." He found that the state ban on same-sex marriage was not tied to a "legitimate government interest."
Missouri聽officials were attempting to uphold the state ban on same-sex marriages after聽St. Louis聽issued marriage licenses in June to four same-sex couples.
Missouri聽Attorney General聽Chris Koster聽said the state was appealing the ruling to the聽Missouri Supreme Court. But, Koster said, he was not seeking a stay of Burlison's ruling.
Marc Solomon, national campaign director for the Freedom to Marry advocacy group, applauded the ruling.
"As Missourians get to know married same-sex couples and their families, they will see clearly that their marriages are based on love, commitment and an interest in caring for their families," he said.
"Today's ruling adds to the powerful momentum of victories from a bipartisan array of federal and state judges as we work to secure the freedom to marry nationwide," Solomon said.
In the聽Kansas听肠补蝉别,听U.S. District Court聽Judge Daniel Crabtree granted a preliminary injunction Tuesday stopping聽Kansas聽from enforcing its ban on gay marriage and put the ruling on hold until Nov. 11 to giveKansas聽an opportunity to appeal.
Same-sex marriage has become legal in more than a dozen states since the聽U.S. Supreme Court聽said on Oct. 6 that it would not review recent U.S. appeals court decisions striking down state bans.
The number of states in which same-sex marriages may be performed jumped to 32 from 19 after the聽U.S. Supreme Court's announcement.
Reporting by Carey Gillam in聽Kansas聽City, Mo.
