Koster to Defend Missouri Against KC same Sex Lawsuit

(AP)–A federal judge will hear a lawsuit challenging Missouri’s ban on gay marriage after state Attorney General Chris Koster intervened in the case and moved it out of state court.
The switch could put the Missouri case on a more direct route through the federal appellate courts at a time when U.S. judges have been increasingly striking down other states’ gay-marriage bans.

“We wanted at least one of the cases (from Missouri) to be considered in a court of broader jurisdiction,” Koster spokesman Eric Slusher said Thursday.

At issue is a lawsuit attorneys for the American Civil Liberties Union filed earlier this summer in Jackson County Circuit Court on behalf of two same-sex couples who were denied marriage licenses.

Jackson County Executive Mike Sanders announced earlier that the County would not spend money defending the County against the lawsuit.

Although the state was not named as a defendant, Koster’s office intervened because the lawsuit alleges Missouri’s constitutional prohibition on same-sex marriage violates equal-protection and due-process rights under the U.S. Constitution.

Because of the alleged federal violations, Koster’s office moved the case to U.S. District Court, where it has been assigned to Judge Ortrie Smith.

Koster, a Democrat who is running for governor in 2016, has said he personally supports gay marriage but will carry out his official duties by defending Missouri’s ban. His office filed federal court documents earlier this week, arguing Missouri’s prohibition should be upheld because states have a right to set their own rational constraints on domestic relations until the U.S. Supreme Court says otherwise.

There are no comments on this post.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: