Stephen Herzog

SHERZOG@NEWS-LEADER.COM

Gay rights activists are raising issue with language used by a well-known Springfield attorney in his letter about same-sex benefits within the Ozark Fire Department.

Prominent defense attorney Dee Wampler sent the letter to several people involved in the issue. It includes language about gay rights being pushed "down our throats."

One of the letters went to Capt. Andi Mooneyham, an Ozark firefighter who recently pushed the board to allow health benefits for her wife and any other same-sex couples who may work for the department in the future.

The board decided earlier this month not to extend benefits after an attorney told them they didn't have the authority.

Wampler's short letter says he agrees with the board's decision to follow the Missouri constitution, as well as state statutes, that say marriage is only between a man and woman.

"I am tired of promo attempting to cram homosexuality and lesbians down our throats," the letter says. "You have followed the law and I congratulate you. Now — back to fighting fires."

Reached by phone today, Wampler said he often sends letters to people "congratulating them or not congratulating them" often based on stories he reads in the newspaper.

"Whatever I wrote, I believe," he said.

Wampler said he doesn't believe those who support same-sex benefits should take issue with him, but rather with those who would need to change the state's constitution.

Mooneyham declined to comment on the letter, but PROMO, the state gay right's advocacy group that Wampler's letter references, has posted a photo of the letter on social media sites.

The post on Facebook has the accompanying text: "Think discrimination doesn't exist?"

As of about 11 a.m., the post had been shared 132 times.

Wampler said his letter, and PROMO's online response, were both speech protected by the 1st Amendment.

A.J. Bockelman, executive director for PROMO, also sent a letter to State Auditor Thomas Schweich, asking him to denounce Wampler's letter. The connection PROMO is making is that the Wampler letter came on the firm's letterhead, which also includes Attorney Joseph Passanise, who is the treasurer for Schweich's campaign committee.

"While we know neither you nor Mr. Passanise authored this letter, we call on both you and your campaign treasurer to denounce this bigoted action," the letter says. "As a statewide office holder, you stand for all Missourians, including the LGBT community."

A majority of Ozark Fire Board members said they supported the change at an August meeting, but advice from attorney Todd Johnson led them to let the motion die. Johnson said the law is specific about who it allows fire protection districts to provide with benefits.

About 40 people attended the meeting earlier this month in which the board declined to vote on the motion.

Last year, the U.S. Supreme Court struck down parts of the Defense of Marriage Act, which has led to changes in how the state writes policy in regard to same-sex marriages.

A group of 10 same-sex couples are part of a lawsuit filed by the American Civil Liberties Union pushing for marriage recognition in Missouri.