Filed Date: Jan. 14, 2014
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On January 14, 2014, three women who wished to marry their incarcerated (male) partners filed a lawsuit in the Western District of Missouri U.S. District Court under 42 U.S.C. § 1983 against the Moniteau County Recorder of Deeds of the state of Missouri. The plaintiffs, represented by the American Civil Liberties Union (ACLU), asked the court to declare that Mo. Rev. Stat. § 451.040.2 (a Missouri law that required both signers of a marriage license to appear in front of the recorder of deeds) is unconstitutional, issue an injunction requiring the defendant to issue marriage licenses to plaintiffs and others engaged to marry individuals who are unable to appear, and award the plaintiffs costs of suit and reasonable attorneys' fees.
The plaintiffs asserted that marriage is a fundamental right protected by the United States Constitution that is not changed by the incarcerated status of their fiancées. They claimed Missouri law, which requires that marriage license applications be signed "in the presence of the recorder of deeds or their deputy," violated this right and deprived plaintiffs of important federal and state benefits and privileges afforded to married couples.
On February 6, 2014, the Court (District Judge Gary A. Fenner) decided in favor of the plaintiffs. 2014 WL 572316. It ruled that the requirement that marriage licenses be signed "in the presence of the recorder of deeds or their deputy," was unconstitutional as applied to situations where an applicant for a marriage license is physically unable to appear in the presence of the recorder of deeds or their deputy due to incarceration. Amos v. Higgins, 2014 WL 572316 (W.D. Missouri 2014). The Court further enjoined defendants from requiring the presence of applicants who could not physically appear in front of the defendants due to incarceration, and also required defendants to issue licenses to applicants who presented reasonable written proof as to the authenticity of the signature of an applicant on a marriage license application and reasonable verified proof that the applicant is physically unable to appear in the presence of the recorder.
Summary Authors
Megan Dolan (7/22/2014)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18107175/parties/amos-v-higgins/
Fenner, Gary A. (Missouri)
Doty, Grant R. (Missouri)
Rothert, Anthony [Tony] E. (Missouri)
Berry, Michael G (Missouri)
Fenner, Gary A. (Missouri)
See docket on RECAP: https://www.courtlistener.com/docket/18107175/amos-v-higgins/
Last updated Feb. 6, 2024, 3:03 a.m.
State / Territory: Missouri
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Jan. 14, 2014
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs are several women residing in Missouri and Arkansas who wish to have a state-recognized marriage to their respective same-sex, incarcerated fiancés.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 2014 - 0
Content of Injunction:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Affected Sex or Gender: