Missouri

Missouri legal documents designed to protect your family no matter your relationship status

Missouri

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Rainbow Law has a document package designed to protect same-sex partners in Missouri. We offer 9 unique Affordable Document Packages, Individual Legal Documents and FREE Advance Directives to help protect your rights and the rights of your family. To order a legal document package that complies with Missouri law, hover your mouse over the “Buy A Package” link in the top menu and click on the package that best suits your needs in the drop-down list. If you’re not sure what package is right for you, click this link and we’ll help you figure out what you need.

Although the US Supreme Court has held that the federal government cannot discriminate against gay and lesbian couples legally married and living in a state that recognizes that marriage, lesbian, gay, bisexual, and transgender (LGBT) couples living in Missouri are not legally recognized as spouses even if they were married in a marriage equality state or country.

Missouri same-sex partners and family members may experience discrimination in many different ways. Some of them, like snubbing by your family of origin or by complete strangers in a social setting, can’t be dealt with legally; they require a set of adaptive behaviors, including education, humor, and a thick skin. But typical anti-discrimination laws do cover several areas.

Here is a run-down on Missouri law affecting the LGBTQ community:

1 Recognition of Same-Sex Relationships: In August 2004, 71% of Missouri voters ratified Amendment 2, which restricted the validity and recognition of marriage in Missouri to the union of one man and one woman.Missouri does not recognize same-sex marriages from other jurisdictions, even if they are valid where performed.

Missouri does not recognize same-sex marriages from other jurisdictions, but in November 2013 Governor Jay Nixon announced he would sign an executive order to allow same-sex couples married in other jurisdictions to file joint state income taxes if they file joint federal returns.

Following the death in 2009 of his partner of 15 years, a Missouri State Highway Patrol, a man sued the state for survivor benefits. After the trial court dismissed his suit, he appealed to the Missouri Supreme Court. Amicus briefs filed by several Missouri law professors, the mayor of St. Louis, and several state legislators argued that the state’s denial of benefits discriminated on the basis of sexual orientation and should be reviewed using the heightened scrutiny standard. The court heard arguments in the appeal on February 27, 2013.

2 Adoption Law: Missouri has no laws limiting the rights of gays or lesbians to adopt children. With respect to couples and second-parent adoption, there are no explicit prohibitions and have been no court cases.

3 Anti-Discrimination Law: Missouri law does not address discrimination based on gender identity or sexual orientation.After being proposed for nine years, a bill to add “sexual orientation” to Missouri’s non-discrimination statute had its first committee hearing in March 2010.On May 17, 2013, the Senate passed legislation banning discrimination on the basis of sexual orientation in employment, housing, and public accommodations by a 19–11. The House of Representatives adjourned without considering the legislation. Missouri’s hate crimes statutes explicitly address both sexual orientation, defined as “male or female heterosexuality, homosexuality or bisexuality by inclination, practice, identity or expression,” and gender identity, defined as “having a self-image or identity not traditionally associated with one’s gender.”

4 Sodomy Law: SWhen the U.S. Supreme Court’s 2003 decision in Lawrence v. Texas rendered laws banning consensual sexual activity unenforceable, Missouri was one of only 4 states that criminalized only homosexual sodomy. In 2006, Missouri removed consensual sodomy from its definition of “Sexual Misconduct in the First Degree.”

5Public Opinion: A May 2012 Public Policy Polling survey found that 36% of Missouri voters supported the legalization of same-sex marriage, while 52% were opposed and 12% were not sure. A separate question on the same survey found that 64% of respondents supported legal recognition of same-sex couples, with 33% supporting same-sex marriage, 31% supporting civil unions, 32% opposing all legal recognition and 4% not sure.
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