Same-sex marriage vote moves to August ballot

JEFFERSON CITY, Mo. -- Although the Missouri Supreme Court on Thursday declined to order Secretary of State Matt Blunt to place a proposed constitutional amendment banning same-sex marriages on the Aug. 3 ballot, it nonetheless said he has a duty to do so.

This clears the issue to go before voters on the date selected by Gov. Bob Holden.

In its 6-1 ruling, the court said it would directly hear any follow-up lawsuit that might be filed should Blunt resist submitting the matter to voters in August. However, Blunt intends to follow the court's suggestion, though he isn't pleased with it.

"The court's decision today placing the issue on the August ballot undermines the process for placing issues before Missouri voters," said Blunt spokesman Spence Jackson.

Had Blunt prevailed, the proposed amendment would have been decided at the Nov. 3 general election.

The fight over when to put the issue on the ballot carried significant political ramifications. Strong turnout by socially conservative voters was expected to give Republicans an edge over Democrats in close races for president, governor and other offices had the issue been slated for a November decision. The two parties' candidates don't run against each other during August primary elections.

Blunt is the presumed Republican nominee for governor. Holden, a Democrat, is seeking a second term.

Attorney General Jay Nixon, a Democrat, sued Blunt after he refused to put the issue on the August ballot as ordered by Holden. Although Holden had called for the election prior to the May 25 deadline for doing so, Blunt claimed he was unable to comply because the proposal had not formally been forwarded from the Missouri Legislature until after the deadline.

Lawmakers gave final approval to the measure May 14, but Senate President Pro Tem Peter Kinder, R-Cape Girardeau, and House Speaker Catherine Hanaway, R-Warson Woods, didn't officially certify its passage until May 28.

Nixon had argued that the governor's constitutional power to set elections on proposed amendments trumped laws and practices that would effectively prevent him from doing so.

In its unsigned opinion, the court said Blunt must abide by Holden's wishes on this matter.

"The Secretary of State cannot exercise the duties of his office in a manner to frustrate the Governor's constitutional authority to select the election date for the submission of this question to the people," the court wrote.

The court's four judges appointed by Democratic governors were joined by Judge William Ray Price Jr., a Republican appointee, in the main decision. Judge Duane Benton, also a Republican appointee, concurred in a separate opinion.

Judge Stephen Limbaugh Jr., another Republican appointee, agreed with his colleagues in rejecting Nixon's request for a court order forcing Blunt to put the issue on the August ballot but dissented from the majority's conclusion that Blunt should do it anyway.

Limbaugh said the majority improperly invalidated the state law that requires 10 weeks notice of an election, even though neither party challenged that statute.

The Cape Girardeau and Scott county clerks said they anticipated the court's action and should have little trouble getting ballots printed in time for the August election once Blunt finalizes the official ballot language.

The proposed amendment states: "That to be valid and recognized in this state, a marriage shall exist only between a man and a woman."

State law already prohibits same-sex marriages, but proponents of the amendment say it is needed to prevent a Missouri court from ruling gay couples have a constitutional right to wed.

The case is State ex rel Jeremiah (Jay) Nixon v. Matt Blunt.

mpowers@semissourian.com

(573) 635-4608