SUPREME COURT OF MISSOURI

en banc

IN RE THE MARRIAGE OF: M.S., )

)

Appellant, )

)

vs. ) No. SC94101

)

D.S., )

)

Respondent. )

APPEAL FROM THE CIRCUIT COURT OF ST. LOUIS COUNTY

The Honorable John N. Borbonus III, Judge 

Opinion issued February 10, 2015

This is an appeal from a judgment dismissing a petition to dissolve a samesex marriage between M.S. and D.S. The circuit court dismissed the action sua 

sponte, with prejudice, on grounds that it lacked subject matter jurisdiction and 

constitutional and statutory authority to dissolve the marriage due to the state 

constitutional and statutory bans on same-sex marriage. See MO. CONST. art. I, 

sec. 33; section 451.022, RSMo Supp. 2001. This Court holds that that the circuit 

court had subject matter jurisdiction over the case. For that reason only, the 

judgment is reversed, and the case is remanded.

The circuit court dismissed the petition for lack of subject matter 

jurisdiction before D.S. was served or given an opportunity to answer the petition. 

While Rule 55.27(g)(3) requires a circuit court to dismiss an action “[w]henever it 

appears by suggestion of the parties or otherwise that the court lacks jurisdiction 
of the subject matter,” Missouri procedural rules do not authorize a judgment on 

the merits prior to service and an opportunity to answer the petition. (Emphasis 

added). Therefore, the court’s sua sponte judgment of dismissal for lack of 

subject matter jurisdiction did not resolve any of the underlying issues raised in 

the petition, including the court’s constitutional or statutory authority to dissolve a 

same-sex marriage. 

The sole issue before this Court is whether the circuit court had subject 

matter jurisdiction. The jurisdiction of Missouri circuit courts is defined by article 

V, section 14 of the Missouri Constitution:

The circuit courts shall have original jurisdiction over all cases 

and matters, civil and criminal. Such courts may issue and 

determine original remedial writs and shall sit at times and 

places within the circuit as determined by the circuit court.

The plain language of article V, section 14 provides that Missouri circuit courts 

have jurisdiction over all civil cases and matters. J.C.W. ex rel. Webb v. 

Wyciskalla, 275 S.W.3d 249, 253 (Mo. banc 2009). Nothing in article I, section 

33 purports to limit this broad grant of jurisdiction.1

In this case, M.S. filed a petition for dissolution of marriage. A petition for 

dissolution of marriage is a civil case or matter falling within the jurisdiction of 

the circuit court. Assuming for the sake of argument only that the circuit court 

lacked constitutional or statutory authority to grant the requested relief, the court 

 1 Because article I, section 33 does not limit circuit courts’ subject matter 

jurisdiction, the Court does not reach or decide M.S.’s argument that this provision 

is unconstitutional under the equal protection clause of the Fourteenth Amendment 

to the United States Constitution.
3

would still have subject matter jurisdiction to dispose of the petition by denying 

the requested relief. While the circuit court had subject matter jurisdiction over 

this civil case, this Court expresses no opinion as to the merits of any aspect of this 

case, including the constitutional or statutory authority of the circuit court to 

dissolve a same-sex marriage. The judgment is reversed, and the case is 

remanded. 

_________________________________ 

RICHARD B. TEITELMAN, JUDGE

All concur.