Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Missouri may experience some legal challenges that non-LGBTQ residents do not. Same-sex sexual activity is legal in Missouri, in accordance with 2003's Lawrence v. Texas decision. In 2006, Missouri legislatively repealed its unenforceable laws that had nominally criminalized this activity.
Missouri recognizes same-sex marriages. A state court ruling striking down Missouri's same-sex marriage ban ordered the City of St. Louis to issue marriage licenses to same-sex couples. St. Louis County and Jackson County also issue marriage licenses to same-sex couples. On June 26, 2015, the decision of the U.S. Supreme Court in Obergefell v. Hodges invalidated the denial of marriage rights to same-sex couples, including Missouri's.
Missouri is categorized "High Priority to Achieve Basic Equality," the lowest ranking category, in the Human Rights Campaign State Equality Index.
Law regarding same-sex sexual activity Until 2006, Missouri law defined "deviate sexual intercourse" as "any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person."
Missouri criminalized having "deviate sexual intercourse with another person of the same sex" as "Sexual Misconduct in the First Degree."House Bill 1698, Mo. Gen. Assembly (Reg. Sess 2006), accessed April 14, 2011 In 1986, the Supreme Court of Missouri upheld the constitutionality of this prohibition in State v. Walsh.Google Scholar: State v. Walsh, 713 S.W.2d 508 (Mo. banc 1986), accessed April 14, 2011 When 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.New York Times: "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003, access April 14, 2011
In 2006, Missouri removed consensual sodomy from its definition of "Sexual Misconduct in the First Degree."Missouri General Assembly: Mo. Rev. Stat 566.090 (Supp. 2010)
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 became the first of many states to pass such a referendum.The Washington Post: Alan Cooperman, "Gay Marriage Ban in Mo. May Resonate Nationwide," August 5, 2004, accessed April 9, 2011
Same-sex marriage from other jurisdictions Missouri has recognized same-sex marriages from other jurisdictions since November 2013. On November 14, 2013, Governor Jay Nixon issued an executive order allowing same-sex couples married in other jurisdictions to file a combined Missouri income tax return if they file their federal return jointly. A lawsuit aiming to reverse his order, Messer v. Nixon, was filed in Cole County Circuit Court on January 8, 2014.
The ACLU filed a lawsuit, Barrier v. Vasterling, challenging the state's refusal to recognize same-sex marriages from other jurisdictions in state circuit court on February 1, 2014. On October 3, Judge J. Dale Youngs ruled that Missouri's refusal to recognize same-sex marriages from other jurisdictions violated the plaintiffs' right to equal protection under both the state and federal constitutions. On October 6, Missouri Attorney General Chris Koster announced the state would not appeal the decision.
Lawsuits
Glossip v. Missouri Department of Transportation Kelly Glossip sued the state for survivor benefits after the death of his husband, a highway patrol officer. After the trial court dismissed his suit, Glossip appealed to the Missouri Supreme Court. The Missouri Supreme Court ruled 5–2 against Glossip in October 2013, saying his claim was denied on the basis of his marital status, not his sexual orientation.Glossip v. Missouri Department of Transportation and Highway Patrol Employees' Retirement System No. SC92583 (Mo., 2013)
State of Missouri v. Florida In June 2014, St. Louis officials licensed four same-sex marriages in order to provide the basis for a lawsuit when the state ordered them to stop the practice. St. Louis Circuit Judge Rex Burlison found for the plaintiffs on November 5, ruling that Missouri's refusal to license same-sex marriages violates the Missouri and federal constitutions. Missouri Attorney General Chris Koster did not seek a stay of the ruling's implementation. He and the Recorders' Association of Missouri said Judge Burlison's order only applied to the city of St. Louis, where the city's marriage license department began issuing marriage licenses to same-sex couples. St. Louis County, where an official said "We believe it's a county-by-county decision", began issuing marriage licenses to same-sex couples the next day.
Lawson v. Kelly On June 24, 2014, the ACLU filed Lawson v. Kelly in Jackson County circuit court on behalf of two same-sex couples who had been denied marriage licenses in Jackson County. Missouri Attorney General Chris Koster had the case moved to federal district court, where U.S. District Court Judge Ortrie D. Smith ruled for the plaintiffs on November 7. He ordered Jackson County to issue marriage licenses to same-sex couples, but stayed his order pending appeal. Despite the stay, Jackson County began issuing marriage licenses to same-sex couples immediately following the decision. On November 21, the plaintiffs asked Judge Smith to lift his stay in light of State of Missouri v. Florida, noting that the state has no position on the request. Attorney General Koster filed notice of appeal in the Eighth Circuit Court of Appeals on December 5.
Walsh & Nance v. Friendship Village of South County After a senior housing complex rejected a married lesbian couple, a housing discrimination lawsuit was filed in 2018 by the National Center for Lesbian Rights and the ACLU of Missouri. The lawsuit argued that this was a case of sex discrimination. A federal judge dismissed the case in 2019, claiming that the discrimination occurred not on the basis of sex but rather sexual orientation, and that the federal Fair Housing Act does not prohibit discrimination based on sexual orientation. The plaintiffs appealed to the 8th Circuit. The 8th Circuit has chosen to wait for the Supreme Court to issue related rulings that are expected in spring 2020. (Those expected rulings include Altitude Express, Inc. v. Zarda, Bostock v. Clayton County, and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission.)
U.S. Supreme Court ruling On June 26, 2015, the decision of the U.S. Supreme Court in Obergefell v. Hodges invalidated the denial of marriage rights to same-sex couples, making Missouri's restrictions on the licensing and recognition of same-sex marriages unenforceable. On July 7, Governor Jay Nixon issued an executive order directing all state agencies to comply with that ruling, while also rescinding his earlier, narrower executive order with respect to same-sex marriages from other jurisdictions, which his new ordered superseded.
Domestic partnership registries
A number of jurisdictions within Missouri provide domestic partnership registries which only allow for certain benefits and are only valid and applicable within city or county borders: City of Clayton: Residents of the city. Both opposite- and same-sex couples. City of Columbia: No residency requirement. Both opposite- and same-sex couples. Jackson County: Residents of the county. Both opposite- and same-sex couples. City of Kansas City: Residents of the city. Both opposite- and same-sex couples. City of Olivette: No residency requirement. Both opposite- and same-sex couples. City of St. Louis: Residents of the city. Both opposite- and same-sex couples. University City: Residents of the city. Both opposite- and same-sex couples.
Adoption and parenting Missouri has no laws limiting the rights of individuals to adopt children based on the adoptive parents' LGBT status. As of 2009, with respect to same-sex couples, as well as to second-parent adoption where the second parent is the same sex as the first parent, there had been no explicit prohibitions nor any court cases. The Missouri law allowing adults to petition to adopt is MO. ANN. STAT. § 453.010.Human Rights Campaign: Missouri Adoption Law , accessed April 14, 2011
Discrimination protection
Since 2010, an executive order was signed by the Governor of Missouri - that explicitly includes "sexual orientation protections for government based employees within Missouri". Missouri legislation does not address discrimination based on gender identity or sexual orientation whatsoever.Missouri General Assembly: Missouri Human Rights Act, Mo. Rev. Stat. 213.010, et seq. (Supp. 2010) , accessed April 14, 2011 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.
Hate crime law Missouri's hate crime 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."Missouri General Assembly: Missouri Revised Statutes Section 557.035 , accessed April 9, 2011
Public opinion A September 2011 Public Policy Polling survey found that 32% of Missouri voters supported the legalization of same-sex marriage, while 59% were opposed and 9% were not sure. A separate question on the same survey found that 62% of respondents supported legal recognition of same-sex couples, with 28% supporting same-sex marriage, 34% supporting civil unions, 37% opposing all legal recognition and 1% not sure.
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.
A 2017 Public Religion Research Institute (PRRI) poll found that 58% of Missouri residents supported same-sex marriage, while 35% opposed. 7% were undecided. Additionally, the same poll found that 65% of Missouri residents supported an anti-discrimination law covering sexual orientation and gender identity, while only 28% opposed. Furthermore, 54% were against allowing public businesses to refuse to serve LGBTQ people due to religious beliefs, while 37% supported allowing such religiously based refusals.
Transgender rights Sports In May 2023, a bill (SB39) formally passed the Missouri Legislature to legally ban all transgender athletes in any female sports and/or athletics. The bill was signed into law by the Governor of Missouri. A "sunset clause" was added to the legislation so that it will automatically be repealed on August 28, 2027.
Name and gender changes