The Kansas Supreme Court issued an order today that immediately lifts the temporary stay of an administrative order by Chief Judge Kevin Moriarty of the 10th judicial district (in Johnson County) directing his chief court clerk to issue marriage licenses to same-sex couples.
The Supreme Court’s order also stays the original Petition for a Writ of Mandamus filed by Attorney General Derek Schmidt on behalf of the state of Kansas pending final resolution of the federal district court case Marie v. Moser, et al.
The plaintiffs in that federal case allege that Kansas’ ban on same-sex marriage violates the U. S. Constitution on equal protection and due process grounds.
The court today said that a Johnson County judge was acting within his authority when he decided to issue a marriage license to same-sex couples.
The court did not rule on whether same-sex marriage is legal in Kansas. The state court deferred its decision to the federal court. Chief judges in the counties will determine the federal court rulings for their counties. In Wyandotte County, there has already been a same-sex license issued and a marriage.
In an online comment today, Equality Kansas stated that it’s likely that lawsuits will continue for months before there is a final determination. It stated that 19 counties have issued same-sex marriage licenses.
The ACLU stated online that it will hold a fundraiser to help pay for legal costs.
Kansas Attorney General Derek Schmidt today issued the following statement in connection with the Kansas Supreme Court’s decision to allow the issuance of marriage licenses to same-sex applicants in Johnson County and to delay further proceedings in this case until federal courts sort out the constitutional issues surrounding state prohibitions on same-sex marriage:
“Although we asked the Kansas Supreme Court to provide statewide uniformity, today’s ruling leaves the decision whether to issue licenses in the hands of the federal judiciary and of district court judges throughout the state. Because a provision in the Kansas Constitution is at peril, the state of Kansas will continue its defense in federal court as long as a defense is properly available. I hope the U.S. Supreme Court will quickly agree to take up the case from the U.S. Sixth Circuit Court of Appeals in Cincinnati to give finality and certainty to Kansas and the rest of the country on this matter.”
To see the documents related to this case, visit the Kansas Judicial Branch website at www.kscourts.org under the listing State v. Moriarty in the What’s New section of the home page.