ACLU's Missouri chapter suing Ozark fire agency

OZARK, Mo. -- The American Civil Liberties Union is suing an Ozark fire department for denying spousal benefits to the wife of female fire captain, noting a local judge recently ordered Missouri to recognize same-sex marriages from other states.

The lawsuit was filed on behalf of Andi Mooneyham, a fire captain at the Ozark Fire Protection District, after she sought benefits for her spouse, whom she legally married in California in July, the Springfield News-Leader reported.

The ACLU of Missouri filed the suit Monday, asking a judge to prohibit the district's board of directors from treating Mooneyham "differently than any other similarly situated married employees."

Tony Rothert, legal director of the ACLU of Missouri, said Mooneyham puts "her life on the line at work" and should receive the same benefits as her coworkers. The lawsuit argues there was "no rational, substantial or compelling governmental interest justifying [the fire board's] discriminatory policy."

The fire district's board decided in September it didn't have the authority to change the department's policy to extend spousal benefits to same-sex couples. The board's attorney, Todd Johnson, had advised the board a month earlier the Missouri Constitution didn't allow the action because it defines marriage as between a man and a woman.

Johnson said Tuesday he stands by the legal opinions he gave to the board.

The ACLU suit references an October decision by a Jackson County circuit judge that said Missouri must recognize same-sex marriages performed in other states.

Fire board member Anthony Appleton said Johnson continued to maintain last month that the ruling didn't change the fire district's legal standing.

Information from: Springfield News-Leader, http://www.news-leader.com