Effective - 28 Aug 2001
451.022. Public policy, same sex marriages prohibited — license may not be issued. — 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 invalid.
3. No recorder shall issue a marriage license, except to a man and a woman.
4. A marriage between persons of the same sex will not be recognized for any purpose in this state even when valid where contracted.
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(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.
Structure Missouri Revised Statutes
Title XXX - Domestic Relations
Chapter 451 - Marriage, Marriage Contracts, and Rights of Married Women
Section 451.010 - Marriage a civil contract.
Section 451.022 - Public policy, same sex marriages prohibited — license may not be issued.
Section 451.030 - Bigamous marriage void.
Section 451.080 - Recorder to issue license — form of.
Section 451.100 - Marriages solemnized by whom.
Section 451.110 - Certificate of marriage to be given.
Section 451.115 - Marriages illegally solemnized — penalty.
Section 451.130 - Penalty for failure to issue, record or return license.
Section 451.150 - Licenses to be recorded — fee.
Section 451.160 - Names of children born before marriage shall be recorded.
Section 451.170 - Lost record of marriage supplied, how.
Section 451.180 - New certificate obtained, how.
Section 451.190 - Record supplied by certificate of witnesses, how.
Section 451.200 - Certificates and affidavits recorded when records lost or destroyed — fee.
Section 451.210 - Rerecording where marriage records are destroyed — fee.
Section 451.220 - Marriage contracts to be in writing, acknowledged or proved.
Section 451.230 - How acknowledged or proved — to be recorded, where.
Section 451.240 - Contract so recorded shall impart notice, to whom.
Section 451.270 - Property of married person exempt from debts of spouse incurred before marriage.