June 26, 2015
The primary function of the Recorder is to follow the statutory duties for which they are entrusted as well as preserve documents with relation to property and other important events/transaction with the utmost care and consistency. One such responsibility is the issuance of marriage licenses. In recent years there have been a number of policy issues related to this function and Recorders have consistently worked to comply with the standard at the time. With today’s ruling of the Supreme Court this standard appears to be final.
Immediately upon the ruling of the Supreme Court we requested clarification from our attorney to assess the applicability of the ruling, as well as the operational requirements such as time frame for compliance. The sum and substance of the ruling makes clear the Fourteenth Amendment to the US Constitution requires a State to license marriage between two people of the same sex. Additionally, rulings of the Supreme Court take effect 25 days after the date of the ruling unless the court states otherwise, which is not the case in this decision. It is also important to point out there is no restriction with regard to implementing the ruling before 25 days.
While we recognize the issue of same sex marriage may be uncomfortable for some in our community, the Office of the Recorder has consistently held itself to the highest standard of professionalism and constituent responsiveness. Our responsibilities require us to follow the law expeditiously and with care. Therefore, we are recommending to all Recorders they review their current procedures related to the issuance of marriage licenses in the context of the Supreme Court’s ruling and act accordingly.
Recorder of Deeds
President, Recorders Association of Missouri
Johnson County Courthouse
300 N. Holden Street, Ste. 305
Warrensburg, MO 64093
(660) 747 6811
Cited from http://www.morecorders.com/#!ram-2015-ssm-statement/cyab