A BROADER APPROACH

Drey A. Cooley, one of the attorneys for M.S., argued before the state high court this month. He said the 10-year-old constitutional ban should be struck down because it violates the equal protection and due process clauses of the 14th amendment of the U.S. Constitution, an argument that has been successfully used across the country.

But Cooley suggested to the judges that it was not necessary that they go that far.

“It doesn’t have to affirm or validate the marriage, only recognize that another state has,” Cooley said in an interview. “But our hope is the court seizes on the opportunity to take the broader approach.”

The Missouri Supreme Court heard arguments in the case this month and is expected to rule in a matter of weeks.

Camilla Taylor, the marriage project director at Lambda Legal, said the court had the option of rendering a narrower ruling. Such a decision would allow the St. Louis couple a divorce, while leaving the larger question of marriage equality to be decided by the U.S. Supreme Court, where resolution is expected on other cases by summer.