Subject: Missouri - anti-same gender marriage bill
From: [email-masked]
Date: Wed, 7 Feb 1996 07:50:17 -0600

For those wondering about the details of the Missouri anti- same gender
marriage bill....

House Bill 1255 (HB1255) was introduced into the Missouri General Assembly on
Jan. 23, 1996.  The bill is sponsored by Representative Glenn Hall and is
cosponsored by Representative Connie Cierpiot.  Both are Republicans from the
Kansas City, Missouri area.  The bill has been referred to the House Judiciary
and Ethics committee.  No hearings were scheduled as of Jan. 29, 1996.

Both the Missouri House of Representatives (with 163 members) and the Missouri
Senate (with 34 members) have Democratic majorities.  The Governor of Missouri
is also a Democrat.

The text of HB1255:
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Be it enacted by the General Assembly of the state of Missouri as follows:

Section A. Chapter 451, RSMo, is amended by adding thereto one new section, to
be known as section 451.019, to read as follows:

451.019. 1. Marriage between persons of the same gender is not recognized as a
legitimate nor as a legal relationship.

2. Any marriage between persons of the same gender which has occurred in any
other state or nation, whether legally recognized or not in that state or
nation, is null and void from the beginning for any and all legal or other
purposes.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

The current Missouri Revised Statutes defining marriage and prohibiting marriage
to certain individuals read as follows:

Missouri Revised Statues

                            Section 451.010          January 1, 1996

Marriage a civil contract.

451.010. Marriage is considered in law as a civil contract, to which the consent
of the parties capable in law of contracting is essential.

(RSMo 1939 $ 3360) Prior revisions: 1929 $ 2973; 1919 $ 7298; 1909 $ 8279

                            Section 451.020         January 1, 1996

Certain marriages prohibited--official issuing licenses to certain
persons guilty of misdemeanor.

451.020. All marriages between parents and children, including grandparents and
grandchildren of every degree, between brothers and sisters of the half as well
as the whole blood, between uncles and nieces, aunts and nephews, first cousins,
and between persons who lack capacity to enter into a marriage contract, are
presumptively void; and it shall be unlawful for any city, county or state
official having authority to issue marriage licenses to issue such marriage
licenses to the persons heretofore designated, and any such official who shall
issue such licenses to the persons aforesaid knowing such persons to be within
the prohibition of this section shall be deemed guilty of a misdemeanor; and
this prohibition shall apply to persons born out of lawful wedlock as well as
those in lawful wedlock. It shall be presumed that marriages between persons who
lack capacity to enter into a marriage contract are prohibited unless the court
having jurisdiction over such persons approves the marriage.

(RSMo 1939 $ 3361, A.L. 1961 p. 343, A.L. 1969 H.B. 564, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 $ 2974; 1919 $ 7299; 1909 $ 8280

(1955) Mental capacity to enter into marriage must be determined as of date of
marriage and testimony that spouse was mentally ill at such time did not show
insanity. Forbis v. Forbis (A.), 274 S.W.2d 800.

                           Section 451.030           January 1, 1996
Bigamous marriage void.

451.030. All marriages, where either of the parties has a former wife or husband
living, shall be void, unless the former marriage shall have been dissolved.

(RSMo 1939 $ 3362) Prior revisions: 1929 $ 2975; 1919 $ 7300; 1909 $ 8281

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Activist groups in Missouri are following the progress (or none, we hope!) of
HB1255.  I will post updates.  The Missouri General Assembly session ends
in mid May.

You may follow the progress of Missouri legislation by pointing your browser to
http://www.house.state.mo.us/

Note: there is a bill, HB1245, that would repeal that part of the Missouri
sexual misconduct code (Section 566.090) that makes it  a misdemeanor for people
of the same gender to engage in sex acts, even if they are consenting and acting
in private.  HB1245 has 2 sponsors (including openly gay Representative
Tim Van Zandt) and 23 cosponsors.

Alan Easton
St. Louis

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