Poll: Should Missouri Allow Same-Sex Couples To Marry Before Being Required By The Courts?
Missouri and same-sex marriage made the national news last week:
Missouri Gov. Jay Nixon (D) said Thursday that he would sign an executive order to allow gay and lesbian couples who were legally married in other states to file joint tax returns with the state Department of Revenue, a move likely to prompt a legislative reaction from the Republican-dominated legislature.
Nixon told reporters Thursday that because the couples will be able to file joint returns with the Internal Revenue Service, the Missouri Department of Revenue should accept those returns as well. (Washington Post)
Missouri requires couples to file in Missouri as they do their federal return(s). Those who file individual federal returns must file individual state returns with Missouri, those who file a joint federal return must also do so in Missouri. This worked until the IRS said legally married same-sex couples can file together regardless of their state of residence.
This as two more states recently joined the list recognizing same-sex marriages:
As Hawaii and Illinois join the list of states approving same-sex marriage, the United States crosses a big mark on the issue: More than 1 in 3 Americans will live where same-sex marriage is legal.
It’s a dramatic shift in a short period of time — one not seen on other social issues.
Hawaii’s Legislature passed the measure Tuesday. Gov. Neil Abercrombie signed it into law Wednesday morning. It will go into effect December 2.
Illinois Gov. Pat Quinn plans to sign legislation for his state November 20. It will take effect June 1. (CNN)
With Hawaii and Illinois the total number of states recognizing same0-sex marriage is 16, plus the District of Columbia. Here’s the list in order of effective date, showing when effective and how it happened:
- Massachusetts/May 2004/Courts
- California/June 2008-November 2008, June 2013/Courts, Prop 8, SCOTUS
- Connecticut/November 2008/Courts & legislature
- District of Columbia/March 2009/City Council
- Iowa/April 2009/Courts
- Vermont/September 2009/Legislature (overrode veto)
- New Hampshire/January 2010/Legislature
- New York/July 2011/Legislature
- Washington/December 2012/Legislature & voters
- Maine/December 2012/Voters
- Maryland/January 2013/Legislature & voters
- Delaware/July 2013/Legislature
- Rhode Island/August 2013/Legislature
- Minnesota/August 2013/Legislature
- New Jersey/October 2013/Courts
- Hawaii/December 2013/Legislature
- Illinois/June 2014/Legislature
The above list is from information from Wikipedia.
More than half are based on legislative action, not the courts. This list accounts for 16/50 states, what about the other 34?
Here’s a list of states that have passed constitutional bans:
- Alaska 1998
- Hawaii 1998 (changed in 2013)
- Nebraska 2000
- Nevada 2002
- Arkansas 2004
- Georgia 2004
- Kentucky 2004
- Louisiana 2004
- Michigan 2004
- Mississippi 2004
- Missouri 2004
- Montana 2004
- North Dakota 2004
- Ohio 2004
- Oklahoma 2004
- Oregon 2004
- Utah 2004
- Kansas 2005
- Texas 2005
- Alabama 2006
- Colorado 2006
- Idaho 2006
- South Carolina 2006
- South Dakota 2006
- Tennessee 2006
- Virginia 2006
- Wisconsin 2006
- Arizona 2008 (a 2006 ban failed to pass)
- California 2008 (ruled unconstitutional in 2013)
- Florida 2008
- North Carolina 2012
So 29 states (31 less Hawaii & California), including Missouri, have constitutional bans against same-sex marriage by defining marriage between a man and a woman. Thirteen of these states passed their ban in 2004, the year same-sex marriages began in Massachusetts. Five states don’t recognize same-sex marriage, but also don’t have a constitutional ban. These rely on state law to make marriage between a man and a woman.
By the time the 2016 election I think we’ll see a different landscape from today. The poll question this week wants your take on Missouri, should we allow same-sex couples to marry before being required by the courts to do so? The poll is in the right sidebar until next Sunday morning.
— Steve Patterson
About time! So damn tired of Missouri racing to the bottom of the cess pool. Now the bible thumpers will come out and harp about sin and the sanctity of marriage while wearing polyester and eating a bacon sandwich while watching the Bachlorette. And this isn’t about “special” rights, it’s about EQUAL rights. Gays marrying does nothing to marriage, except strengthen it. Those that say otherwise, the solution is simple: Don’t marry a gay person!
“Should” we? Absolutely! But given the legislature we have / are stuck with, all my bets are on it being decided in the courts. The governor’s actions are only about rationalizing tax filing – our returns are directly based on our federal returns, so keeping things the old way would create way more problems than this change solves.
Only if the couple agrees to have the reception at a first-floor retail establishment within straight-line, at-grade sidewalk access from three different Metro bus stops.
Certainly! ….but until Jesus leaves the legislature we will have to wait for the courts to prod us in the right direction.
Hell no.