The Kansas Supreme Court today ordered a temporary stay of same-sex marriages in Johnson County.
Following a court challenge today 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.
Earlier today, a Johnson County judge ordered that a marriage license may be issued to a same-sex couple. The state challenge then was filed.
The Kansas Supreme Court in its order stated it was the appropriate place to hear this case because of the different or inconsistent practices in district courts in the state.
The Kansas Supreme Court did not grant the attorney general immediate or peremptory relief that he had requested, instead it granted a temporary stay.
The Kansas Supreme Court gave respondents until 5 p.m. Oct. 21 to file a response in this case. Oral arguments were set for 10 a.m. Nov. 6 in the case.
In other action today, a lawsuit was filed by the Kansas ACLU against Douglas and Sedgwick county clerks for refusing to issue marriage applications to two same-sex couples. The ACLU also plans to file a motion for preliminary injunction.
“The ACLU of Kansas understands that the freedom to marry is an important right. Marriage equality is the law in more than 25 states now,” said Susan Estes, board president of the ACLU of Kansas, in a news release, “and it’s time for marriage equality in Kansas. All loving and committed couples – without restrictions of state lines or sexual orientation – should have access to the protections that marriage provides.”
The Kansas Supreme Court order is online at http://www.kscourts.org/State_v_Moriarty/default.asp.