Case: Barrier v. Vasterling

14-cv-03892 | Missouri state trial court

Filed Date: Feb. 11, 2014

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On February 11, 2014, plaintiffs, same-sex couples who are legally married in other states, filed suit in the circuit court of Jackson County, Missouri against the Missouri Department of Health and Senior Services, the Attorney General for the State of Missouri, and the Governor of Missouri. Plaintiffs sued for declaratory and injunctive relief under 42 U.S.C. § 1983 alleging violations of the Due Process and Equal Protection clauses of the Constitution. Plaintiffs sought an order that would re…

On February 11, 2014, plaintiffs, same-sex couples who are legally married in other states, filed suit in the circuit court of Jackson County, Missouri against the Missouri Department of Health and Senior Services, the Attorney General for the State of Missouri, and the Governor of Missouri. Plaintiffs sued for declaratory and injunctive relief under 42 U.S.C. § 1983 alleging violations of the Due Process and Equal Protection clauses of the Constitution. Plaintiffs sought an order that would require the State of Missouri to recognize plaintiffs' out of state marriages.

Plaintiffs argued that because the State of Missouri treats them as legal strangers, Plaintiffs are prevented from accessing the same kind of benefits as married couples who are recognized by the State. The effect, according to the Plaintiffs, is discrimination based on sexual orientation without any legitimate State purpose.

On October 3, 2014, Judge Dale Youngs issued an order granting in part a summary judgment motion in favor of the Plaintiffs. In his order, Judge Young ruled that the Missouri laws, which prohibited the recognition of same-sex marriages from other states, violated the 14th Amendment in that they discriminated based on sexual orientation and were not related to a legitimate governmental interest.

Following this order, on October 6, 2014, the Attorney General for the State of Missouri, Chris Koster, issued a statement that the State would not appeal the judgment of the circuit court.

Summary Authors

Patrick Branson (3/16/2015)

People


Judge(s)

Youngs, Dale J. (Missouri)

Attorneys(s) for Plaintiff

Blank, Shane Kyle (Missouri)

Block, Joshua A (New York)

Doty, Grant R. (Missouri)

Morgan, Jeremiah J. (Missouri)

Rothert, Anthony [Tony] E. (Missouri)

Wilcox, Gillian R. (Missouri)

Attorneys(s) for Defendant

Abbott, Cecilia O'Connor (Missouri)

Kelly, Tara Michelle (Missouri)

Other Attorney(s)

Active

Judge(s)

Youngs, Dale J. (Missouri)

Attorneys(s) for Plaintiff

Blank, Shane Kyle (Missouri)

Block, Joshua A (New York)

Doty, Grant R. (Missouri)

Morgan, Jeremiah J. (Missouri)

Rothert, Anthony [Tony] E. (Missouri)

Wilcox, Gillian R. (Missouri)

Attorneys(s) for Defendant

Abbott, Cecilia O'Connor (Missouri)

Kelly, Tara Michelle (Missouri)

Other Attorney(s)

Whitehead, Michael K (Missouri)

Documents in the Clearinghouse

Document

Trial Docket

Feb. 11, 2014 Docket

PETITION FOR DECLARATORY AND INJUNCTIVE RELIEF

Missouri state appellate court

Feb. 12, 2014 Complaint

Attorney General Koster's statement on his decision not to appeal in Barrier v. Vasterling

Oct. 6, 2014 Press Release

Order granting Summary Judgment in part

Missouri state appellate court

2014 WL 5469888

Oct. 27, 2014 Order/Opinion

Resources

Title Description External URL

Barrier v. Vasterling (Marriage Recognition)

ACLU Missouri

“Because of the many benefits of marriage, Missouri has traditionally recognized lawful marriages performed in other states,” said Jeffrey Mittman, executive director of the American Civil Liberties … Sept. 25, 2014 https://www.aclu-mo.org/en/node/75#:~:text=Vasterling%2C%20a%20suit%20fighting%20for,of%20the%20state%20of%20Missouri.&text=The%20ACLU's%20historic%202013%20Supreme,Judge%20J.

Barrier and Schild v. Vasterling - Freedom to Marry in Missouri

ACLU

The American Civil Liberties Union and the ACLU of Missouri have filed a lawsuit in state court on behalf of six same-sex couples who are seeking recognition for their legal out-of-state marriages. Oct. 3, 2014 https://www.aclu.org/cases/barrier-and-schild-v-vasterling-freedom-marry-missouri

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Missouri

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Feb. 11, 2014

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Same sex couples residing in Missouri who are legally married in other States.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Missouri Department of Health and Senior Services, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Issues

General:

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sexual orientatation

Type of Facility:

Government-run