Mo. Rev. Stat. » Chapter 451
Missouri Revised Statutes

Mo. Rev. Stat. § 451.022 (2026)

Public policy, same sex marriages prohibited

✓ current as of May 2026
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  451.022.  Public policy, same sex marriages prohibited — license may not be issued. — 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.

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(L. 1996 S.B. 768 § 6, A.L. 2001 H.B. 157)

(1998) Section is unconstitutional because title of bill was not clearly stated and bill contained more than one subject.  St. Louis Health Care Network v. State, 968 S.W.2d 145 (Mo.banc).

(2014) Section is unconstitutional under the federal due process clause as significantly interfering with the fundamental right of marriage and creates a gender-based classification that is unconstitutional under the federal equal protection clause. Lawson v. Kelly, 58 F.Supp.3d 923 (W.D.Mo.).

(2014) The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same sex may not be deprived of that right and that liberty. Obergefell v. Hodges, 135 S.Ct. 2584.

Notes of Decisions
Cited in 6 cases, 2009–2015 · leading case: Glossip v. Missouri Dep't of Transp. & High. Patrol Employees' Ret. Sys., 411 S.W.3d 796 (Mo. 2013).
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Glossip v. Missouri Dep't of Transp. & High. Patrol Employees' Ret. Sys., 411 S.W.3d 796 (Mo. 2013). · cites it 9× “” Section 451.022, RSMo Supp. 2001, provides in relevant part that “[i]t is the public policy of this state to recognize marriage only between a man and a woman.”
Windsor v. United States, 699 F.3d 169 (2d Cir. 2012). · cites it 2× “I, § 33; Mo. Rev. Stat. § 451.022 ; Mont. Const. Art.”
Lawson v. Kelly, 58 F. Supp. 3d 923 (W.D. Mo. 2014). · cites it 8× “” Mo.Rev. Stat. § 451.022. In August 2004, the citizens of Missouri approved an Amendment to the Missouri Constitution declaring “[t]hat to be valid and recognized in this state, a marriage shall exist only between a man and a woman.”
Port v. Cowan, 44 A.3d 970 (Md. 2012). “” Mo.Rev.Stat. § 451.022(4) (LexisNexis through 96th General Assembly).”
In Re the Marriage of: M.S. v. D.S., 454 S.W.3d 900 (Mo. 2015). · cites it 3× “33; section 451.022, RSMo Supp. 2001. This Court holds that that the circuit court had subject matter jurisdiction over the case.”
Rogers v. McGuire, 288 S.W.3d 328 (Mo. Ct. App. 2009). “I, § 33; § 451.022. When we read the entire definitional clause so as to give effect to all of the words used, we conclude that it only applies to a man and woman who are the biological or adoptive parents of a child.”
— Mo. Rev. Stat. § 451.022(4) — 1 case
Port v. Cowan, 44 A.3d 970 (Md. 2012). “” Mo.Rev.Stat. § 451.022(4) (LexisNexis through 96th General Assembly).”
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