The Kansas attorney general’s office today argued against granting same-sex marriage licenses in a filing with the Kansas Supreme Court.
Briefs from the attorney general’s office and from attorneys for the Johnson County judge who ruled Oct. 10 that a marriage license could be issued to a same-sex couple were filed today with the Kansas Supreme Court.
An assistant attorney general, Steve Fabert, argued in a brief that since Kansas voters had passed a 2005 state constitutional amendment on the topic, prohibiting same-sex marriage, that it was the duty of Kansas judges to obey the Kansas Constitution unless and until it is changed.
Arguing for the issuance of the same-sex marriage license, attorneys stated that a provision in the Kansas Constitution, Article 15, Section 16, was contrary to the due process and equal protection clauses of the U.S. Constitution, and was therefore void.
The Kansas Supreme Court on Oct. 10 ordered a temporary stay of same-sex marriages in Johnson County. On Oct. 10, a Johnson County judge ordered that a marriage license may be issued to a same-sex couple. The state challenge then was filed.
Following a court challenge by Attorney General Derek Schmidt, the Supreme Court stated that marriage license applications may be accepted during the temporary stay, but marriage licenses will not be issued during this period.
A hearing is set in the case for 10 a.m. Nov. 6.
To read the briefs that have been filed so far in the case, visit the website, www.kscourts.org/State_v_Moriarty/default.asp.