Missouri judge denies legislators’ appeal

GOP leaders had asked to intervene in state gay marriage case. (Photo by T. R. Machnitzki/CCA 3.0)

Jackson County, Missouri, Circuit Judge J. Dale Youngs on Tuesday denied an attempt by Republican leaders of the state’s General Assembly to intervene in a gay marriage case. In October, Judge Youngs ruled that Missouri’s ban on same-sex marriage was unconstitutional, and ordered the state to recognize same-sex marriages performed in other states.

Missouri’s Attorney General, Democrat Chris Koster, refused to appeal the decision to the state Supreme Court, effectively bringing recognition of gay marriages obtained in other states by people living in Missouri, would be recognized by the state.

Senate President Pro Tem Tom Dempsey and House Speaker Tim Jones filed a motion asking to intervene in the decision so that they could appeal it to the Supreme Court. Judge Youngs’ ruling in the matter was that the time had passed for an appeal, and denied the petition from the GOP leaders.

A state judge ruled in a St. Louis case that the state’s ban is unconstitutional, and based on that ruling, both St. Louis and Kansas City, MO, began allowing same-sex marriages, although most counties don’t allow it. A federal district judge subsequently also ruled the state’s ban unconstitutional, but stayed his ruling pending appeal. AG Koster has not indicated if, or when, he will appeal that ruling to the 8th Circuit Court of Appeals.

By Rob Howard, Associate Editor

The Gayly – December 11, 2014 @ 2pm