This law says that in Missouri, marriage is only between a man and a woman. Any marriage that is not between a man and a woman is not valid in Missouri. A marriage license can only be given to a man and a woman. Even if a same-sex marriage happened in another place where it was legal, Missouri does not recognize it.
Note: This state law conflicts with the U.S. Supreme Court's 2015 ruling in Obergefell v. Hodges, which made same-sex marriage legal nationwide, so this statute is not currently enforceable.
451.022. , same sex marriages prohibited — may not be d. — 1. It is the public policy of this state to recognize marriage only between a man and a woman.
2. Any purported marriage not between a man and a woman is .
3. No shall issue a marriage license, except to a man and a woman.
4. A marriage between persons of the same sex not be for any purpose in this state even when valid where .
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Source & history notes
(L. 1996 S.B. 768 § 6, A.L. 2001 H.B. 157) (1998) Section is unconstitutional because title of bill was not clearly stated and bill contained more than one subject. St. Louis Health Care Network v. State, 968 S.W.2d 145 (Mo.banc). (2014) Section is unconstitutional under the federal due process clause as significantly interfering with the fundamental right of marriage and creates a gender-based classification that is unconstitutional under the federal equal protection clause. Lawson v. Kelly, 58 F.Supp.3d 923 (W.D.Mo.). (2014) The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same sex may not be deprived of that right and that liberty. Obergefell v. Hodges, 135 S.Ct. 2584.
Related Missouri laws
Certain marriages prohibited
RSMo 451.020
Bigamous marriage void
RSMo 451.030
Marriage a civil contract
RSMo 451.010
Marriage license required, waiting period
RSMo 451.040
Recorder to issue license
RSMo 451.080
Issuance of license prohibited, when
RSMo 451.090
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.