same-sex marriage Archives

MSU Professor: same-sex marriage issue puts Koster in ‘awkward’ political position

June 30, 2014 By Mike Lear

The issue of gay marriage seems sure to feature in the 2016 race for governor in Missouri after four same-sex couples were married last week in St. Louis. Their unions set up a challenge to Missouri’s constitutional ban on gay marriage that Democratic Attorney General and gubernatorial candidate Chris Koster must defend.

Missouri State University Department of Political Science head Dr. George E. Connor

In a statement Koster says he supports “marriage equality,” but has indicated he will defend the state’s laws.

Missouri State University Political Science Department head, professor George E. Connor, says he thinks the situation could come back to hurt Koster more than help him.

“I think Mayor (Francis) Slay’s action really may come back to hurt Attorney General Koster more than help him,” says Connor. “Although we’re talking about years down the road before the general election, it is difficult for me to see a statewide movement towards legalization of gay marriage so much that it would help Attorney General Koster in a statewide bid. Right now I don’t see that.”

AUDIO: Connor elaborates on whether the gay marriage issue hurts Koster in the 2016 gubernatorial race

Conner says there is evidence that Missouri voters are leaning more conservative now than they did when they enacted a constitutional ban on gay marriage a decade ago. He says that is the product of population shifts as much as ideological shifts.

“The decline in Missouri population is in predominately Democratic areas and the growth in Missouri population is in predominately Republican areas,” says Connor. “I think that puts a Democrat running for statewide office in a pickle, basically.”

AUDIO: Connor is asked whether it is definitively known where current Missouri voters stand on the issue of same-sex marriage

Connor says no matter what happens in the next two years, Republicans will make an issue of how Koster argues the state’s case.

AUDIO: Connor on what Republican campaign managers will look for in Koster’s defense of the same-sex marriage ban

The issue is also expected to attract the attention, and the funding, of interest groups from outside Missouri.

“As we have seen in other states where gay marriage has been questioned or challenged, the money begins to pour in from outside interest groups,” says Connor, “So it becomes not an issue being decided by the citizens of Missouri so much as it is decided by the money of outside interest groups and this is going to be true on both sides of the issue.”

Connor says Koster’s statement on the four marriage licenses issued to same-sex couples last week in St. Louis attempts to speak to voters on both sides of the issue, and portions of it will likely be used in campaigns both for and against him.

Attorney General issues statement regarding same-sex marriages in St. Louis

June 26, 2014 By Mike Lear

Missouri’s Attorney General has issued a statement on the issuing of same-sex marriage licenses by the St. Louis Recorder of Deeds to four couples, who were married in a ceremony in St. Louis Mayor Francis Slay’s office on Wednesday.

Attorney General Chris Koster

As Attorney General, it will fall on Chris Koster to argue against those licenses in light of the Missouri Constitution’s ban on same-sex marriage.

Koster writes, “While I personally support the goal of marriage equality, my duty as Attorney General is to defend the laws of the state of Missouri. While many people in Missouri have changed their minds regarding marriage equality, Missourians have yet to change their constitution.

“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.

“Therefore, I have asked the St. Louis Circuit Court to prevent the St. Louis City Recorder of Deeds from issuing such marriage licenses until this matter can be resolved by our state’s judiciary. This question will likely be fully answered by our Missouri courts within the next 12-18 months.”

St. Louis sets up test to Missouri’s constitutional ban of same-sex marriage

June 26, 2014 By Mike Lear

The City of St. Louis has set up a challenge to Missouri’s constitutional ban on gay marriage by issuing marriage licenses to four same-sex couples in a ceremony Wednesday night at City Hall. The four couples were then married by a municipal judge in the office of Mayor Francis Slay.

St. Louis Recorder Sharon Quinn Carpenter and the four couples married in the office of Mayor Francis Slay on Wednesday. (courtesy; St. Louis Recorder’s Twitter feed)

The city says it will voluntarily stop issuing any more same-sex marriage licenses as it expects to defend the first four, in a challenge to the constitutional ban. City officials tell the St. Louis Post-Dispatch they will take the issue all the way to the U.S. Supreme Court if necessary.

Slay said the ceremony made him proud. “St. Louis is a city that doesn’t tolerate discrimination. We are sending a message on what’s right, and I can’t think of anything more right than this.”

The Attorney General’s Office Thursday morning sought a temporary restraining order blocking the city’s Recorder of Deeds from issuing further marriage licenses. Circuit Judge Rex Burlison denied that motion, noting that Recorder Sharon Quigley Carpenter agreed that while the case is going on she would issue such licenses only after giving the Attorney General’s Office and the Court two business days’ notification. A spokeswoman for the Attorney General says a hearing will be held at a later date on preliminary and permanent injunctions.

Missouri voters in 2004 approved an amendment to the state Constitution defining marriage as only being between a man and a woman.

Federal appeals courts on Wednesday issued rulings against same-sex marriage bans in Utah and Indiana.

Legislator files proposed amendment to allow same-sex marriage in Missouri (VIDEO)

March 27, 2014 By Mike Lear

A state representative has filed a proposal that would revisit the 2004 decision by Missouri voters to define marriage in the state Constitution as being between a man and a woman.

Representative Mike Colona (D-St. Louis) has filed HJR 85, a proposed constitutional amendment that would ask voters to add language saying that a marriage may exist between a man and a woman and a same-sex couple.

71 percent of Missouri voters approved Constitutional Amendment 2 in 2004 that said to be valid and recognized in Missouri, “a marriage shall exist only between a man and a woman.”

Colona says he thinks the time is right to put the issue back before Missourians.

“That’s a different question than do I think it will happen,” Colona tells Missourinet.

Colona, who is openly gay, says he doesn’t think the proposal could clear the legislature and reach a ballot this year.

“But if we don’t start some time,” says Colona, it’s never going to happen, and I think now is the time with two cases pending in our court system dealing with marriage equality for the General Assembly to return and address this issue again.”

He says before courts rule on the language currently in the Constitution he wants to use his position as a state representative to call attention to the issue.

See the language of HJR 85

He notes other recent events that have kept it in the public mind, such as Governor Jay Nixon (D)’s in his State of the State Address calling for passage of the Missouri Nondiscrimination Act and statements that the General Assembly should give voters the chance to reconsider same-sex marriage.

“My thoughts are,” says Colona, “ten years after the passage of that marriage ban, we very well could have a much different outcome.”

ACLU to file suit to recognize gay marriages in Missouri

February 11, 2014 By Jessica Machetta

The American Civil Liberties Union of Missouri will file litigation in Kansas City to seek recognition of gay marriages by the State of Missouri. Press conferences will be held in Kansas City, Jefferson City, St. Louis and Springfield, where same-sex couples will speak out about their suit to be recognized.

Gay marriage has been in the spotlight in Missouri recently as eight Republican lawmakers try to impeach Gov. Jay Nixon because of his executive order requiring the Department of Revenue allow same-sex couples married legally in other states to file their Missouri taxes jointly. GOP legislators say Nixon is violating the constitution.

House Speaker Tim Jones is not heading up the effort to impeach Nixon, but is supportive of the legislation. The measure has not yet been assigned to a committee, the first step in the legislative process.

In the past year, the U.S. Supreme Court’s struck down the Defense of Marriage Act, which had prohibited federal recognition of same-sex marriage, and the Missouri Supreme Court has denied survivor benefits to same-sex couples.

Patrol Cpl. Dennis Engelhard was killed in the line of duty in 2009 when he was struck by a vehicle while investigating an accident on Interstate 44 in Eureka. Although he had listed his spouse, Kelly Glossip, as a beneficiary on his documents filed with the Highway Patrol, the state denied payment because they were not married. The ACLU sued the state on Glossip’s behalf, and lost.

Gay rights have also made headlines this week in Missouri as MU football player Michael Sam made the announcement that he was gay, the first player to come out as he begins his professional career.

While there have been other athletes who have come out about their sexuality, Sam is the first player to open up as he begins his quest to start a professional career. If Sam were to make an NFL roster, he would become the first player to publicly announce that he is gay.

“I’m not naïve,” Sam said. “I know this is a huge deal and I know how important this is. But my role as of right now is to train for the combine and play in the NFL.”

Openly gay lawmaker discusses impeachment effort over same-sex tax filing (AUDIO)

February 7, 2014 By Mike Lear

Representative Mike Colona (D-St. Louis) says he doesn’t think there is any legal question about the executive order filed by the governor regarding same-sex joint state tax filings.

Representative Mike Colona (photo courtesy; Tim Bommel, Missouri House Communications)

A fellow lawmaker, Representative Nick Marshall (R-Parkville), has filed two articles of impeachment against Governor Jay Nixon (D) for issuing that order, alleging Nixon mislead Missourians in saying the action was necessary, and that Nixon violated the state Constitution.

Colona thinks the legislature is not the place to bring up the issues Marshall seeks to raise.

“I’m from St. Louis,” Colona asserts, “and we might have a few things going on here like, oh I don’t know, a school transfer issue, a school district that’s about to go bankrupt, we’ve had two public health clinics closed because we haven’t expanded Medicaid, yet we’re supposed to take the time to do something like this in the General Assembly?

“If Representative Marshall thinks that this is truly an issue where the Governor has overstepped his bounds, then the true forum for this should be the courts, not in an impeachment hearing in the General Assembly.”

Colona, who is openly gay, says he doesn’t feel personally slighted by the actions of his fellow lawmaker, Marshall.

“I don’t feel as if I’m being personally attacked. Representative Marshall is an attorney, he’s a prosecutor and to use the vernacular language, he doesn’t pull any cheap shots. I don’t think he holds any animosity toward the LGBT community.”

Colona calls the situation an opportunity for education, particularly if the issue reaches the House Floor, but he questions whether it will go that far.

Listen to the interview with Mike Colona: 9:59

Articles of impeachment filed against Governor Nixon over action on same-sex tax filing

Governor’s Office, state lawmakers react to impeachment effort

Governor’s office, state lawmakers react to impeachment effort

February 7, 2014 By Mike Lear

Governor Jay Nixon’s (D) office has responded to the filing of articles of impeachment against Nixon.

Representative Nick Marshall (R-Parkville) filed 2 articles against Nixon, accusing him of misleading Missourians and violating the state Constitution when he instructed the Missouri Department of Revenue to accept joint tax returns filed by same-sex couples legally married in other states.

In an e-mail, Press Secretary Scott Holste dismisses the filing, calling it a “publicity stunt.”

Holste writes, “The Governor will continue to focus on the issues that matter to Missouri families: quality schools for our kids, good jobs in our communities and health care for working Missourians.”

The Minority Leader in the House, Representative Jake Hummel (D-St. Louis) called the articles of impeachment “bogus.”

In a statement, Hummel says the filing is, “further proof, as if any was needed, that the crazy wing has taken over the House Republican Caucus. There are many serious issues facing Missouri that will require serious people to solve. These aren’t serious people.

“If House Republicans insist on embarassing themselves with sham election-year proceedings, then, by all means, they should have at it,” writes Hummel. “When Missouri voters see how far down the path of extremism House Republicans have gone, there will be a lot fewer of them serving in the House of Representatives come November.”

House Speaker Tim Jones (R-Eureka) was asked in a conference with Capitol reporters about the issues raised by Marshall and Representative Mike Moon (R-Ash Grove), who has said he plans to file multiple articles of impeachment against Nixon alleging he hasn’t acted quickly enough in calling special elections to fill vacant House seats, and for not having called one to fill a vacant seat in the Senate.

Jones tells reporters, “They’re very serious charges, however the governor has made some very serious actions.”

“Impeachment is also a very serious remedy,” Jones continued. “I think we’re going to look at past history in the House … we’re going to back and examine that process … and move forward cautiously from there.”

Articles of Impeachment filed against Governor Nixon over action on same-sex tax filing

Openly-gay lawmaker discusses impeachment effort over same-sex tax filing (AUDIO)

Two articles of impeachment filed against Governor Nixon (AUDIO/COPY OF THE ARTICLES)

February 6, 2014 By Mike Lear

A state representative who said he would file articles of impeachment against Governor Jay Nixon (D) has made good on that intent.

Representative Nick Marshall (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Nick Marshall (R-Parkville) has filed two articles of impeachment. He says Governor Nixon’s executive order instructing the Department of Revenue to accept joint tax returns filed by same-sex couples legally married in other states “is a direct violation” of Missouri’s Constitution. Further, he says Nixon “misstates and misrepresents the meaning and requirements under Missouri’s constitutional and statutory law and thereby misleads the citizens of this state.”

Read the articles of impeachment filed by Representative Marshall

Marshall notes that in 2004, 72 percent of Missouri voters approved Constitutional Amendment 2 to change to the Constitution to define marriage as being between a man and a woman. He asserts in his filing that Nixon’s action “results in a recognition of same-sex marriage by the State of Missouri.”

Nixon, when issuing his executive order in November, said Missouri must accept such joint returns because Missouri’s tax code is tied directly to the federal government, and the state requires married couples who file joint returns to also file state taxes jointly. The office of Attorney General Chris Koster (D) says Nixon’s order appears to comply with Missouri law.

Marshall, in his filing, alleges that Nixon’s assertion was based on “a knowing omission of key statutory language.”

Specifically, in the section of Missouri tax code that defines terms, it reads that terms used shall have the same meaning as when they appear in federal tax code. Marshall seizes on the phrase, “unless a different meaning is clearly required by the provisions of,” Missouri tax code.

Marshall tells Missourinet, “Missouri law says a husband and wife who file a joint federal tax return shall file a combined return here in he state of Missouri. The condition precedent for that is that they are husband and wife, and you have to ask yourself, ‘Well, how do you define husband and wife?’ You may not use the federal definition. That’s not allowed because Missouri’s Constitution does not allow you to recognize same-sex marriage.”

The articles of impeachment have been co-signed by seven Republican members of the House: Ron Schieber, Ken Wilson, Jeff Pogue, Kurt Bahr, Mike Moon, Rick Brattin & T.J. Berry.

Moon (R-Ash Grove) has said he will seek to impeach Nixon for not acting quickly enough to set special election dates for vacant seats in the House and one in the Senate. Moon told Missourinet earlier this week he would file articles of impeachment this week, but that has not happened and calls to his Capitol office today have not been answered.

Articles of impeachment move through the legislative process in the House similarly to the way a bill would. They would have to be first referred to a committee. If the the articles are passed in the House, Nixon would be tried by a commission of seven jurists elected by the Senate.

Position on same-sex marriage “irrelevant”

Marshall says he is opposed to same-sex marriage, but says his action has nothing to do with his stance on the issue.

“My position on same-sex marriage is irrelevant. The governor’s position on same-sex marriage should be irrelevant,” says Marshall. “What is extremely relevant is the limitation on the powers of the Governor of the State of Missouri. He has no more right to ignore the Constitution than I do.”

Marshall says if joint tax returns filed by same-sex couples are to be accepted in Missouri, the law or the Constitution must be changed.

“I think it could be revisited,” says Marshall, referring to the 2004 ballot issue that defined marriage in Missouri’s Constitution as being between a man and a woman. That issue was approved by 72-percent of Missouri voters. “I think one could make the arguement that attitudes have changed in the State of Missouri. I would not oppose another ballot question to examine the issue.”

Listen to an interview with Nick Marshall: 11:53

Earlier story:

Articles of impeachment filed against Nixon over action on same-sex tax filing

Missouri to accept joint tax returns for legally married same-sex couples (VIDEO)

November 14, 2013 By Mike Lear

Governor Jay Nixon says he is directing the Missouri Department of Revenue to accept tax returns filed jointly by same-sex couples who are legally married in other states but have income in Missouri. Nixon said he would take the action with an executive order by the end of the day.

Governor Jay Nixon today announced that by executive order he would instruct the Department of Revenue to accept jointly filed tax returns from all legally married couples, including same-sex couples.

Nixon says the action is necessary due to federal rulings and does not sanction same-sex marriage in Missouri, which is banned under a 2004 amendment to the Constitution passed by more than 70 percent of voters.

The U.S. Supreme Court in June invalidated part of the 1996 Defense of Marriage Act. The U.S. Treasury Department and the Internal Revenue Service then ruled legally married same-sex couples will be treated as married for federal tax purposes no matter where they live.

Nixon says because Missouri’s tax code is tied directly to the federal government, and the state requires married couples who file joint federal returns to also file state taxes jointly, he had to take action.

The Executive Director of PROMO, a statewide advocacy group for lesbian, gay, bisexual and transgender equality, A.J. Bockelman, says his group has been raising the tax filing issue since the Supreme Court decision in June.

Bockelman says Missouri is one of more than 20 states whose tax returns are coupled with the federal government. He says since the state also does not recognize same-sex marriage, couples whose marriages are recognized elsewhere needed clarity on how to file taxes in Missouri, and says the Governor’s action provides that.

Missouri House Speaker Tim Jones disputes the Governor’s interpretation and calls on Nixon to produce a legal opinion from Attorney General Chris Koster justifying the executive order.

In a statement, Jones accuses the Governor of defying Missouri voters and, “unlawfully ignoring a constitutional amendment to provide the Governor’s liberal allies a policy victory.”

Nixon made clear his action does not extend further rights or recognition to same-sex couples, but told reporters he has shifted his view on that issue.

“I just have come to believe after reflecting on this … I think all of have in looking at what discrimination is … I just don’t think we should treat folks differently in this zone anymore. If folks want to get married, they should be able to get married.”

Of Missouri’s constitutional ban on same-sex marriage, Nixon added he hopes voters will reexamine the issue.”

“A lot of folks are thinking about issues of equality in new ways and what constitutes discrimination … I would certainly welcome another opportunity for that to be on the ballot.”

Bockelman says Nixon’s remarks in support of same-sex marriage reflect a movement happening throughout the U.S.

“We’ve seen an evolution not just of the President, not just of our elected officials,” Bockelman says, “but of the general electorate. The general populus is moving in support of recognizing marriages between same-sex couples.”