Show-Me the Law for Same-sex Marriage in Missouri

"Scales of Justice" button (Gold)

With the some of the social-media comments generated by the MO8th article regarding same-sex marriage  and the lack of understanding of our legal system, I set out to try to understand the confusion.


Religious Faith v. Same-sex Marriage – Dies in Missouri Committee

First let’s go back to Civics 101, understand ONLY Congress and state legislature make law. Lets first look at the federal Law v. SCOTUS opinion.  Some folks think that because the SCOTUS made a ruling it is Law, that is not true, as it is up to Congress to make Law.

It takes an Act of Congress to make Law.

Congress has made Law in the regard to same-sex marriage.  We find it memorialized in

1 U.S. Code § 7 – Definition of “marriage” and “spouse”

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word “marriage” means only a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife.

Federal law makes clear the definition of marriage,  which states between a man and woman.

That law has been adopted by the state of Missouri and memorialized in our state constitution:  Article I
BILL OF RIGHTS, Section 33, August 28, 2014

Marriage, validity and recognition.

Section 33. That to be valid and recognized in this state, a marriage shall exist only between a man and a woman.

So where, MO8th, is the Law condoning same-sex marriage?  And why would Missouri legislature be trying to amend our Constitution to accommodate an opinion and not a law?

I believe, before legislatures start messing around with our U.S. Constitutional First Amendment law, they should consider these laws:

18 U.S. Code § 241 – Conspiracy against rights
18 U.S. Code § 242 – Deprivation of rights under color of law
18 U.S. Code § 246 – Deprivation of relief benefits
42 U.S. Code § 1983 – Civil action for deprivation of rights

Lets start making P.C. about our Constitution!


Can the Missouri General Assembly change the MO Constitution to include Federal ruling?

It seems so!


After our story was published:

Religious Faith v. Same-sex Marriage – Dies in Missouri Committee

The Missouri Constitution, as of today, now reads:


Whoever manages the Missouri Constitution website at the Missouri General Assembly has updated our Missouri constitution to now include language of  federal court opinion, not Missouri law.

Some might state the Supremacy Clause stating that federal law trumps state law, in this case, that would be untrue.  As the SCOTUS  Obergefell v. Hodges ruling was opinion, not law passed down by congress. The Supremacy Clause specifically states “”Every State shall abide by the determination of the United States in Congress Assembled…” Meaning that law would have to be passed by the U.S. Congress to make same-sex marriage a law that would meet the Supremacy Clause status.

Glad you are hearing us Jeff City, but this seems to be the most egregious breach of power.  To place a federal ruling within the, online version of the Missouri Constitution, without ratification, makes it appear as Missouri law.


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