December 20, 2014

Michael E. Gans, Clerk

Eighth Circuit Court of Appeals
Thomas F. Eagleton Courthouse
Room 24.329
111 South 10th Street
St. Louis, Missouri 63102
Re:

Kyle Lawson, et al. v. State of Missouri

No. 14-3779
Kyle Lawson, et al. v. Robert Kelly, et al.
No. 14-3780

Dear Mr. Gans:

On December 10, 2014, Appellees/Cross-Appellants filed their motion to vacate stay
or, in the alternate, expedite appeal. I write to advise the Court of a development since
that motion was filed.
On December 19, 2014, the Supreme Court denied the State of Floridas request for a
stay of a preliminary injunction enjoining the enforcement of Floridas exclusion of
same-sex couples from eligibility for marriage licenses. Armstrong v. Brenner, No.
14A650, 2014 WL 7210190 (U.S. Dec. 19, 2014). This denial is relevant because, in
the case before this Court, the district court believed that the Supreme Courts
previous denials of stays in cases like this one were inapposite because the decisions
of which stays were sought were by district courts located in circuits where they court
of appeals had already issued a decision. The Supreme Courts denial of a stay
requested by the State of an order granting interlocutory relief indicates that a stay of
the final judgment in this case, where no stay has been requested, is no longer
appropriate.
Respectfully submitted,
/s/ Anthony E. Rothert
Anthony E. Rothert
Attorney for Appellees
American Civil Liberties Union of Missouri Foundation
454 Whittier Street Saint Louis, Missouri 63108
Appellate Case: 14-3779

Page: 1

Date Filed: 12/20/2014 Entry ID: 4228125

cc (via ECF): Jeremiah Morgan

Jay Hayden

Appellate Case: 14-3779

Page: 2

Date Filed: 12/20/2014 Entry ID: 4228125