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Kansas Governor Sam Brownback Vows to Continue Defending State's Gay Marriage Ban Despite SCOTUS Ruling

Brownback

Despite the Supreme Court denying Kansas' request for a stay on a lower court ruling striking down the state's gay marriage ban yesterday, Governor Sam Brownback has said he will continue defending the state's ban, the Associated Press reports:

After the U.S. Supreme Court ruling, the governor issued a statement saying he took an oath to support the state constitution.

He added that he would review the decision and consult with state Attorney General Derek Schmidt on “how best we continue those efforts.”

In related news, marriage equality remains in limbo in Kansas:

Derek schmidtSchmidt [right] says that decision applies only in Douglas, a northeastern Kansas county, and Sedgwick, in south-central Kansas, where the court clerks are defendants. The American Civil Liberties Union contends the ruling applies in all 105 counties.

The legal situation in Kansas is complicated by another case before the Kansas Supreme Court, which Schmidt filed last month. He persuaded the Kansas court to block marriage licenses for same-sex couples, at least while his case is heard.

Marriage licenses in Kansas are issued by district court clerks' offices after a mandatory three-day wait. In Johnson County, Court Clerk Sandra McCurdy said about 70 applications from same-sex couples are pending.

"Until I hear something from the Kansas Supreme Court, I'm not issuing any marriage licenses," McCurdy said.

Carl Tobias, a University of Richmond, Virginia, law professor, said other clerks are likely to react the same way "out of an abundance of caution."


Sonia Sotomayor Issues Temporary Stay on Kansas Gay Marriage Ruling

SotomayorJustice Sonia Sotomayor has issued a stay on the ruling overturning Kansas gay marriage ban until "further order" by Sotomayor or the full Supreme Court, SCOTUSblog reports

Earlier today, Kansas Attorney General Derek Schmidt had asked  Sotomayor for an emergency stay on Judge Daniel Crabtree's November 4 ruling that was set to go into full effect 5pm tomorrow. 

Sotomayor has asked same-sex couples to issue a response to Kansas' request for a stay pending appeal by 5pm tomorrow. 

Here's Sotomayor's order:


Westboro Baptist Church Files Tenth Circuit Appeal to Intervene in Kansas Gay Marriage Case

Wbc

With all signs pointing to gay marriage becoming legal in Kansas tomorrow, the Westboro Baptist Church is attempting a Hail Mary appeal.

Screen Shot 2014-11-10 at 11.59.09 AMOn grounds of their religious beliefs, the WBC is trying to become a defendant in Marie v. Moser, the case  the case in which a federal judge struck down the Kansas marriage ban. The court denied the request, saying the WBC's presence would "clutter" the case.

Head AFTER THE JUMP to read the Westboro Baptist Church's appeal in its entirety. It's full of the loony language you'd expect from the group.

Given the Supreme Court does not issue a stay on the ruling, same-sex marriage will be legal in Kansas tomorrow at 5pm, when the stay on the decision expires (the state of Kansas' request for an additional stay was denied).

Having trouble keeping up with the latest marriage developments? Check out Matt Baume's 3-minute round-up, which should answer most questions.

Continue reading "Westboro Baptist Church Files Tenth Circuit Appeal to Intervene in Kansas Gay Marriage Case" »


Gay Marriage May Be Coming to Kansas Next Week

The 10th Circuit Court of Appeals has denied Kansas' request for a stay on U.S. District Judge Daniel Crabtree's ruling earlier this week striking down the state's ban on gay marriage. 

Buzzfeed reports:

KansasAbsent Supreme Court action in the coming days, a trial court ruling from earlier this week finding that Kansas’ ban on same-sex couples’ marriages is unconstitutional will go into effect at 5 p.m. Nov. 11. [...]

Judges Carlos Lucero and Robert Bacharach issued the order denying Kansas’ request for a longer stay, writing, “We conclude that defendants have failed to make the showings necessary to obtain a stay, and we deny the emergency motion for a stay pending appeal.”

Kansas remains the only state in the Tenth Circuit without marriage equality.


Federal Judge Strikes Down Kansas Ban on Gay Marriage

A federal judge has struck down Kansas's ban on same-sex marriage, the Washington Blade reports:

CrabtreeIn a 38-page decision, U.S. District Judge Daniel Crabtree, an Obama appointee, issued a preliminary injunction against the enforcement on Kansas law prohibiting of marriage rights for same-sex couples. The injunction is warranted, Crabtree writes, because of legal precedent and because state officials defending the law haven’t made a sufficient case they would prevail in court.

“Because Kansas’ constitution and statutes indeed do what Kitchen forbids, the Court concludes that Kansas’ same-sex marriage ban violates the Fourteenth Amendment to the Constitution,” Crabtree writes. “Accordingly, the Court grants plaintiffs’ request for preliminary relief and enters the injunction described at the end of this Order.”

The ruling was temporarily stayed until 5 pm CT on November 11.

The Blade adds:

The decision comes on the heels of a hearing on Friday on the matter of issuing a preliminary injunction in the case. According to the Associated Press, the state urged the judge not to block the state from enforcing the ban until a decision from the Kansas Supreme Court, which is scheduled to hold hearings on a related case on Nov. 6, but the ACLU maintained further delay would harm same-sex couples in Kansas. At the conclusion of the hearing, Crabtree said he would decide whether to issue a preliminary injunction in the case “as quickly as we can.”

Read the ruling below, via Equality Case Files:

2:14-cv-02518 #29 - ORDER by Equality Case Files


Federal Judge to Hear Challenge to Kansas Gay Marriage Ban Today: VIDEO

Kansas

A federal judge in Kansas is expected to hear a challenge to the state's ban on same-sex marriage later today, the Associated Press reports:

Kansas flagThe hearing Friday afternoon before U.S. District Judge Daniel Crabtree in Kansas City, Kansas, is on the ACLU's request for an order to force Kansas to allow gay marriages.

The ACLU filed the lawsuit for two lesbian couples who were denied marriage licenses in Douglas and Sedgwick counties after the U.S. Supreme Court refused to hear appeals from five other states seeking to preserve gay marriage bans.

The ACLU is seeking a temporary injunction to bring Kansas into line with 10th U.S. Circuit Court of Appeals precedents in other cases.

Kansas City station KSHB adds the Kansas Supreme Court will take up a separate gay marriage case next week. Kansas remains the only state in the 10th Circuit without marriage equality.

Watch a KSHB report on today's case, AFTER THE JUMP...

Continue reading "Federal Judge to Hear Challenge to Kansas Gay Marriage Ban Today: VIDEO" »


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