Missouri Marriage Definition, Amendment 2 (August 2004)

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The Missouri Marriage Definition Amendment, also known as Amendment 2, was on the August 3, 2004 ballot in Missouri as a legislatively-referred constitutional amendment, where it was approved. The measure amended the Constitution so that only marriages between a man and a woman would be valid and recognized in the state.[1][2]


In November 2014, Circuit Court Judge Rex. M Burlison ruled the ban on same-sex marriage unconstitutional, saying the ban violated the Constitution's guarantees of legal equality and due process. Judge Burlison ordered state officials to begin issuing marriage licenses to same-sex couples. Missouri Attorney General Chris Koster said that the state planned on taking the issue to the state supreme court, but was not planning on seeking a stay of the court's order. Judge Burlison's order is the second order by a state judge on the issue, the first one being by a Kansas City Judge in October 2014, which allowed already-married same-sex couple to have the right to have their marriages recognized.[3]

On November 7, 2014, the U.S. District Court for Western Missouri struck down Amendment 2.[4] However, the state is appealing the decision.[5]

Election results

Missouri Amendment 2 (August 2004)
OverturnedotOverturned Case:Lawson v. Kelly 
Yes 1,055,771 70.61%

Election results via: Missouri Secretary of State - Elections Division

Text of measure

The question on the ballot appeared as:[1]

Shall the Missouri Constitution be amended so that to be valid and recognized in this state, a marriage shall exist only between a man and a woman? [6]

Campaign contributions


The "yes" campaign spent $29,613. Donors included:[7]

  • Coalition to Protect Marriage in Missouri, $21,499.
  • Missourians for Marriage, $8,113


The "no" campaign spent $488,189. Donors included:[7]

  • Constitution Defense League, $488,189

Related measures

Voters in 30 states have approved legislatively-referred constitutional amendments or initiated constitutional amendments prohibiting same-sex marriages at the ballot box. The first constitutional prohibition was in 1998, and the latest one occurred in May 2012. Most of these amendments define marriage along the lines of a "union of one male and one female."


The following constitutional bans were approved by voters, but later overturned by courts:


Cases overturning the following bans have been appealed to higher courts and are currently stayed:

Note: Same-sex marriage is legal in St. Louis County and the state recognizes same-sex marriages.


The following constitutional bans were approved by voters and have been upheld or not overturned by courts:


The following constitutional bans were defeated by voters:

Note: Arizonans defeated a measure in 2006, but approved one in 2008, which has been overturned.

See also

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