LGBT rights in Missouri: Difference between revisions
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| image = Map of USA MO.svg |
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| caption = [[Missouri]] ([[United States|US]]) |
| caption = [[Missouri]] ([[United States|US]]) |
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| legal_status = |
| legal_status = Legal sine 2003 |
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| gender_identity_expression = |
| gender_identity_expression = |
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| recognition_of_relationships = |
| recognition_of_relationships = No |
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| recognition_of_relationships_restrictions = |
| recognition_of_relationships_restrictions = Constitution ban |
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| adoption = |
| adoption = No |
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| discrimination_protections = no |
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==Adoption and parenting== |
==Adoption and parenting== |
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Missouri has no laws limiting the rights of a homosexual to adopt children. With respect to couples and second-parent adoption, there are no explicit prohibitions and have been no court cases.<ref>Human Rights Campaign: [http://www.hrc.org/ |
Missouri has no laws limiting the rights of a homosexual to adopt children. With respect to couples and second-parent adoption, there are no explicit prohibitions and have been no court cases.<ref>Human Rights Campaign: [http://www.hrc.org/laws-and-legislation/entry/missouri-adoption-law Missouri Adoption Law], accessed April 14, 2011</ref> |
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==Discrimination protection== |
==Discrimination protection== |
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Revision as of 14:37, 2 February 2012
LGBT rights in Missouri | |
|---|---|
 | |
| Status | Legal sine 2003 |
| Discrimination protections | no |
| Family rights | |
| Recognition of relationships | No |
| Restrictions | Constitution ban |
| Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Missouri face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Missouri. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.
Laws against homosexuality
Missouri law defines "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."[1]
Missouri criminalized having "deviate sexual intercourse with another person of the same sex" as "Sexual Misconduct in the First Degree."[2] In 1986, the Supreme Court of Missouri upheld the constitutionality of this prohibition in State v. Walsh.[3] The U.S. Supreme Court's 2003 decision in Lawrence v. Texas rendered laws banning consensual sexual activity unenforceable.[4]
In 2006, Missouri removed consensual sodomy from its definition of "Sexual Misconduct in the First Degree."[2][5]
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.[6][7] Missouri does not recognize same-sex marriages from other jurisdictions, even if they are valid where performed.
Adoption and parenting
Missouri has no laws limiting the rights of a homosexual to adopt children. With respect to couples and second-parent adoption, there are no explicit prohibitions and have been no court cases.[8]
Discrimination protection
Missouri law does not address discrimination based on gender identity or sexual orientation.[9] 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.[10]
Hate crime
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."[11]
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.[12]
References
- ^ Mo. Rev. Stat 566.010 (Supp. 2010)
- ^ a b House Bill 1698, Mo. Gen. Assembly (Reg. Sess 2006), accessed April 14, 2011
- ^ Google Scholar: State v. Walsh, 713 S.W.2d 508 (Mo. banc 1986), accessed April 14, 2011
- ^ New York Times: "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003, access April 14, 2011
- ^ Missouri General Assembly: Mo. Rev. Stat 566.090 (Supp. 2010)
- ^ Washington Post: Alan Cooperman, "Gay Marriage Ban in Mo. May Resonate Nationwide," August 5, 2004, accessed April 9, 2011
- ^ Mo. Const. art. I, sec. 33 (Supp. 2010)
- ^ Human Rights Campaign: Missouri Adoption Law, accessed April 14, 2011
- ^ Missouri General Assembly: Missouri Human Rights Act, Mo. Rev. Stat. 213.010, et seq. (Supp. 2010), accessed April 14, 2011
- ^ St. Louis Post Dispatch: Tony Messenger, "Gay discrimination measure advances in Mo. House," March 23, 2010, accessed April 14, 2011
- ^ Missouri General Assembly: Missouri Revised Statutes Section 557.035, accessed April 9, 2011
- ^ http://www.publicpolicypolling.com/pdf/2011/PPP_Release_MO_09161118.pdf
