Same-sex ruling could impact Missouri law

JEFFERSON CITY, Mo. -- This week's ruling by Massachusetts' highest court recognizing same-sex marriages in that state could eventually lead to challenges of laws in Missouri and other states that ban such unions. Legislation in Missouri in 2001 could be challenged under the "full faith and credit" clause of the U.S. Constitution, which requires states honor contracts entered into under the laws of other states.

Jeff Wunrow, the executive director of the Privacy Rights Education Project, said that at first glance it would appear that if a same-sex couple were married in Massachusetts and moved to Missouri, the state would be obligated to recognize the union. However, he predicted it would take a long court fight to resolve the matter if it comes up in the Missouri.

"That is clearly an issue if Massachusetts does end up offering marriage to same-sex couples," Wunrow said. "I really have no way to hazard a guess as to what the outcome would be."

Wunrow's St. Louis-based group lobbies for equal rights for homosexual and transgendered Missourians. Even though the impact on Missouri remains to be seen, he called the decision a sign of progress.

"That is an incredible step forward for our culture and community," Wunrow said. "We are certainly celebrating with our brothers and sisters in Massachusetts."

Senate President Pro Tem Peter Kinder, R-Cape Girardeau, blasted the 4-3 ruling by the Massachusetts Supreme Judicial Court.

Kinder, who introduced the first bill to ban same-sex unions in Missouri in the early 1990s, said the issue will most likely be decided at the federal level.

"This is a battle that is going to play out over a number of years," Kinder said.

However, he said Senate Republicans would discuss during a meeting this weekend what further action might be appropriate at the state level.

In the meantime, Kinder said he hopes Massachusetts lawmakers "just say no" to the state court's order that they rewrite state statutes to allow gay marriages.

"It is time to stand up to overreaching judges," Kinder said.

Although the federal Defense of Marriage Act, signed by President Bill Clinton in 1996, says states do not have to honor same-sex marriages approved elsewhere, the law could also be subject to a constitutional challenge.

As a result, the Massachusetts decision has sparked renewed interest in Congress for a constitutional amendment defining marriage as a union between a man and a woman.

mpowers@semissourian.com

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