The Reporter newspaper, Camdenton Missouri

The Reporter covers Miller, Morgan and Camden County in Central Missouri's Lake of the Ozarks and is published once per week on Wednesdays.

Published July 2, 2014

Homosexual marriage: Not a matter of if..but when

County Recorder Donnie Snelling is prepared for the eventual overturning of the same-sex marriage ban

By Dale Johnson
CAMDEN COUNTY – In 2004 the people of Missouri voted a constitutional amendment on the definition of marriage. Section 451.022 of the Missouri Revised Statutes states:
1. It is the public policy of this state to recognize marriage only between a man and a woman.
2. Any purported marriage not between a man and a woman is invalid.
3. No recorder shall issue a marriage license, except to a man and a woman.
4. A marriage between persons of the same sex will not be recognized for any purpose in this state even when valid where contracted.

On Wednesday June 25, four same-sex couples were married in the office of St. Louis Mayor Francis Slay in a ceremony presided over by a municipal judge, even though the move violates the state constitution.

Slay was quoted as claiming the move was done specifically to trigger a test of the state law.

The ACLU also said last week that they would sue the state over the ban on same-sex marriage.

State laws passed by voters banning same-sex marriage have been thrown out time after time by judges around the country and Missouri is also in the crosshairs. Camden County Recorder Donnie Snelling says it’s coming whether anyone likes it or not.

“We knew this was coming. It’s not a matter of if they do it, it’s a matter of when,” Snelling said.

The County Recorder’s office issues marriage licenses and Snelling said that their job is to follow the law – whatever it may be.

“As of right now if a same-sex couple came in for a marriage license we’d refuse because the Missouri Constitution says no and the statute says no,” Snelling said. “We have no choice and if we don’t do what the statute tells us then the county will be open to all kinds of litigation.”

Though some recorders in the state may find themselves in a pinch between their worker’s religious liberty and state law, Snelling doesn’t see that problem coming up in his office.

“I’ve already talked to those in my office and they all understand,” Snelling said. “They all understand the ramifications if they don’t. The ACLU and others would be all over us and they have deep pockets. I have a job to do and they understand that.”

Since the subject has been brewing for years Snelling said that in one sense it’s a good thing that St. Louis has made a move because the issue can finally be resolved one way or another.

Snelling also said that no same-sex couples have come into this office asking for a marriage license but he has received telephone calls. Right now the statute says marriage is only between a man and a woman and his office will follow the law.

If that law changes, then his office will continue to follow the law and even though Snelling says he personally doesn’t agree with same-sex marriage, the law is the law.

“If the law changed at 4:30 today then the next morning we’d follow the law and issue the licenses,” Snelling said.