KANSAS CITY, MO – On Friday, Missouri Attorney General Chris Koster filed notice to appeal the federal marriage decision in Lawson v. Kelly declaring Missouri’s ban on same-sex marriage unconstitutional.
While the November 7 ruling by by U.S. District Court Judge Ortrie D. Smith was stayed pending appeal, Jackson County — whose Recorder of Deeds was named as defendant — immediately began issuing marriage licenses to same-sex couples in the Kansas City metro area.
Koster, a Democrat who says he personally supports marriage equality but will defend the state’s law, did not seek to block the marriages, but stated he would appeal the ruling to the U.S. Court of Appeals for the Eighth Circuit.
More than 3,000 Missourians signed a petition that was delivered to Koster, urging him to not appeal the Lawson ruling.
Over the past month, hundreds of same-sex Missourians have received their marriage licenses in Jackson County, St. Louis City and St. Louis County following back to back court decisions ruling the ban illegal.
In October, a Kansas City Circuit court weighed in on Barrier v. Vasterling ruling that same-sex couples married out-of-state must be recognized by the state of Missouri. State GOP leaders are currently seeking to intervene and appeal the decision. While Koster did not seek an appeal in the case, he later appealed Missouri v. Jennifer Florida to the Missouri Supreme Court while letting same-sex marriage proceed in St. Louis.
Outside the Kansas City and St. Louis areas, most local officials across the state are still declining to issue marriage licenses to same-sex couples.
PROMO, Missouri’s statewide LGBT advocacy organization, is calling on Koster to expedite the appeal so that county clerks across Missouri can start issuing marriage licenses.
“With three courts striking down the marriage ban in Missouri, and over 60 plus decisions ruling in favor of marriage, Attorney General Chris Koster’s action to appeal to the 8th Circuit Court shows that he is defending the indefensible,” said A. J. Bockelman, Executive Director of PROMO.
Missouri’s Amendment 2, which defines marriage in Missouri as between one man and one woman, was approved by 71 percent of voters in August 2004.
Same-Sex marriage is currently legal in 35 states and the District of Columbia.