ACLU Client Now Able to Marry
ST. LOUIS – Today Chief U.S. District Judge Catherine D. Perry declared unconstitutional Missouri’s arbitrary statutory requirement that marriage license applicants appear in person before the Recorder of Deeds. The fundamental right to marry was effectively denied to incarcerated individuals because the statute required them to appear in person at a county office. The court permanently enjoined the Washington County Recorder of Deeds from enforcing the in-person presence requirement.
The plaintiff, Michelle Nichols, was denied a marriage license because her fiancé Ulysses Deckard was unable to appear before Moyers since he is being held at the Potosi Correctional Center in Mineral Point, Mo. The recorder of deeds would not go to prison and the prison officials would not transport Deckard to the recorder of deeds, making his compliance with the statute impossible.
“The court held unconstitutional the Missouri statute requiring both parties applying for a marriage license to appear in person,” said Tony Rothert, legal director for the ACLU-EM. “The statute does not work where one partner to marriage cannot travel to the Recorder of Deeds’ office, causing a violation of the fundamental right to marry. We hope the Missouri legislature will fix this problem. Until it does, county officials are likely to see lawsuits like this one.”
This is the second time this spring the American Civil Liberties Union of Eastern Missouri broke down the barrier that prevented prison marriages.
“Our constitution requires that fundamental rights, like the right to marry, be made available to all citizens,” said Jeffrey Mittman, executive director of the ACLU-EM. “The ACLU will continue to advocate for fair marriage laws in Missouri.”
No date has been set for Nichols and Deckard’s wedding, which will be the first wedding held at Potosi Correctional Center in several years.