14-3779 - Motion To Stay
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Equality Case Files14-3779 - Motion To Stay
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Equality Case FilesIN THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
KYLE LAWSON, et al., )
)
Appellees/Cross-Appellants, )
)
v. ) Case Nos. 14-3779; 14-3780
)
State of Missouri, )
)
Appellant/Cross-Appellee. )
MOTION TO STAY
Appellant/Cross-Appellee, State of Missouri, by and through the
Missouri Attorney General, in his official capacity, moves the Court to stay
this appeal, including all briefing, until 30 days after resolution of the
identical issues before the United States Supreme Court in Obergefell v.
Hodges, 14-556, Tanco v. Haslam, 14-562, DeBoer v. Snyder, 14-571, and
Bourke v. Beshear, 14-574.
1. Plaintiffs Kyle Lawson, et al., brought this action under the
Fourteenth Amendment challenging Missouri’s statutory and
constitutional provisions defining marriage as only between one man and
one woman. Missouri law prohibits issuing a marriage license and
recognizing a marriage between two people of the same sex. See Mo. Rev.
Stat. § 451.022; Mo. Const. Art. I, § 33.
Appellate Case: 14-3779 Page: 1 Date Filed: 01/21/2015 Entry ID: 4236132
2. On January 16, 2015, the United States Supreme Court
granted certiorari in four cases – Obergefell v. Hodges, 14-556, Tanco v.
Haslam, 14-562, DeBoer v. Snyder, 14-571, and Bourke v. Beshear, 14-574
– raising the identical issues in this appeal, to wit:
1) Does the Fourteenth Amendment require a state
to license a marriage between two people of the
same sex? 2) Does the Fourteenth Amendment
require a state to recognize a marriage between two
people of the same sex when their marriage was
lawfully licensed and performed out-of-state?
3. Resolution of the two questions granted certiorari review by the
United States Supreme Court will resolve the issues in this appeal.
4. In order to preserve the resources of the Court and the parties,
the State of Missouri requests that this appeal be stayed, including all
briefing, until 30 days following resolution of the identical issues before
the United States Supreme Court. See Fed. R. App. P. 2.
WHEREFORE, the State of Missouri, by and through the Missouri
Attorney General, in his official capacity, requests that the Court stay this
Appellate Case: 14-3779 Page: 2 Date Filed: 01/21/2015 Entry ID: 4236132
appeal, including all briefing, until 30 days following resolution of the
identical issues before the United States Supreme Court.
Respectfully submitted,
By: /s/ Jeremiah J. Morgan
Jeremiah J. Morgan, Mo. Bar #50387
Deputy Solicitor General
P.O. Box 899
Jefferson City, Missouri 65102-0899
Telephone: (573) 751-1800
Facsimile: (573) 751-0774
jeremiah.morgan@ago.mo.gov
ATTORNEYS FOR THE STATE OF
MISSOURI
Appellate Case: 14-3779 Page: 3 Date Filed: 01/21/2015 Entry ID: 4236132
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was
served via the Courts CM/ECF system, this 21st day of January, 2015, to:
Anthony E. Rothert
Grant R. Doty
ACLU of Missouri Foundation
454 Whittier Street
St. Louis, Missouri 63108
trothert@aclu-mo.org
gdoty@aclu-mo.org
Gillian R. Wilcox
ACLU of Missouri Foundation
3601 Main Street
Kansas City, Missouri 64111
gwilcox@aclu-mo.org
Attorneys for Appellees/Cross-Appellants
W. Stephen Nixon
Jay D. Haden
Jackson County Counselor
415 East 12th Street, Second Floor
Kansas City, Missouri 64106
cocounselor@jacksongov.org
jhaden@jacksongov.org
Attorneys for Defendant Robert Kelly
/s/ Jeremiah J. Morgan
Jeremiah J. Morgan
Deputy Solicitor General
Appellate Case: 14-3779 Page: 4 Date Filed: 01/21/2015 Entry ID: 4236132
