Heidi Kennard’s lawsuit, filed on Jan. 21, 2014, challenges the enforcement of policies or customs that prevent her and others from marrying because one or both of the applicants could not comply with the requirement under Mo. Rev. Stat. § 451.040.2 that both present themselves in person before a recorder of deeds.
The ACLU of Missouri has already successfully litigated this issue with respect to three recorders of deeds. They include: Amos v. Higgins, which received a permanent injunction against Moniteau County Recorder of Deeds with respect to those incarcerated; Nichols v. Moyers, received a permanent injunction against Washington County Recorder of Deeds with respect to those incarcerated; Fuller v. Norman, received a permanent injunction against Cole County Recorder of Deeds with respect to those incarcerated; and Glass v. Trowbridge, against Howell County Recorder of Deeds with respect to plaintiff who has a disability.
Because of this litigation history, the uniformity of outcomes, and the refusal of other recorders of deeds to voluntarily implement policies consistent with those ordered in the above cases, the ACLU of Missouri brought this lawsuit on behalf of Ms. Kennard, as a bilateral class action. The purpose was to avoid the inefficient use of judicial resources of relitigating this issue each and every time one of Missouri’s 114 recorders of deeds infringes upon the fundamental right to marry.
Update: June 24, 2014
Judge Wimes certified Plaintiff and Defendant Classes on June 24, 2014. Likewise, Plaintiff’s Motion for Preliminary Injunction was granted in part, limiting the injunction to individuals unable to appear in person before the recorder of deeds because of incarceration, military service or disability.