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Supreme Court Considers Timing of Gay Marriage Ban Vote

June 1, 2004
By: Missy Shelton
State Capital Bureau

The issue of when Missourians will vote on a proposed constitutional amendment banning gay marriage came before the state Supreme Court Tuesday.

Missy Shelton reports.

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Democratic Governor Bob Holden ordered that the issue be placed on the August ballot.

But Republican Secretary of State Matt Blunt says he didn't get the proper paperwork in time to prepare the amendment for the August election.

Now the issue is before the state's high court.

Paul Wilson argued on behalf of the Attorney General's office.

He urged the court to force the Secretary of State to comply with the governor's request for an August vote.

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Attorney Terry Jarrett represented the Secretary of State's office in the proceedings.

He says the governor can't decide to call an election whenever he wants.

Jarrett told the court the Secretary of State must follow laws and rules governing how he must go about putting an issue on the ballot.

That prompted a question from Supreme Court Judge Michael Wolff.

Jarrett speaks first.

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David Cosgrove is the governor's general counsel.

He did not appear before the Supreme Court but he told reporters after the hearing that the constitution allows the governor to call a special election anytime.

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Aside from the legal arguments, many groups are interested in the timing of the vote.

Political observers believe the issue will draw large numbers of social conservatives to the polls...So, a November vote on the gay marriage ban could benefit President Bush.

Kerry Messer, President of the Missouri Family Network, a lobbying group says he wants to see the ban on the ballot in November when voter turnout is higher.

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There's no indication when the court will issue its ruling.

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