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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" »


Westboro Baptist Church Files Brief to Intervene in Challenge to Kansas Gay Marriage Ban

Westboro

Kansas-based Westboro Baptist Church has filed a brief seeking to intervene in the challenge to the state's gay marriage ban, the Washington Blade reports:

In a 22-page legal brief filed Sunday loaded with references to biblical Scripture and condemnation of homosexuality, the Church seeks to take part in a lawsuit pending before the U.S. District Court for the Kansas, saying same-sex marriage “is utterly contrary to Bible doctrine.”

“Same-sex marriage will destroy Kansas,” the brief states. “If this Court requires Kansas officials to treat what God has called abominable as something to be respected, revered, and blessed with the seal-of-approval of the government, that will cross a final line with God. The harm that will befall this state, when the condign destructive wrath of God pours out on Kansans is the ultimate harm to the health, welfare and safety of the people.” [...]

Although the brief doesn’t contain the same anti-gay slurs that have made the church infamous, the filing does envision calamity if same-sex marriage is legalized in Kansas based on the biblical scripture. Stories cited by the church include the destruction of Sodom & Gomorrah, ancient cities thought to have incurred God’s wrath for allowing homosexuality, and God’s destruction of civilization worldwide by Noah’s flood.

Don't expect the court to accept the church's request to intervene. A similar, biblically-laced brief by a straight couple last week seeking to intervene on the grounds that gay marriage in Kansas would lead to a theft of their own marriage was tossed out by a federal judge for lack of legal standing in the case. 

Read the brief below via Equality Case Files:

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


Federal Judge Cancels Today's Hearing on Challenge to Kansas Gay Marriage Ban

A federal judge in Kansas who was set to hear a challenge to the state's ban on same-sex marriage today has canceled the hearing, the Associated Press reports:

KansasACLU attorney Doug Bonney said U.S. District Court Judge Daniel Crabtree is considering whether to reschedule the oral arguments or decide the case based on the parties' written arguments.

Bonney said he told Crabtree during a 30-minute conference Thursday that the ACLU did not have time to review the state's written response to the lawsuit because it had just been filed.

This is separate from the case scheduled to be heard before the Kansas Supreme Court on November 6.

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

Update: Plaintiffs in the case have been given until Monday (October 27) to file additional briefs on the preliminary injunction. 


Kansas Straight Couple Files Insane Brief Arguing Gay Marriage Would Steal Their Marriage Away

KansasIn what might be the craziest argument made against gay marriage this month, concerned heterosexual Kansas couple Phillip and Sandra Unruh have filed a motion to intervene in the case challenging the state's gay marriage ban - insisting that allowing same-sex couples to marry would literally lead to a "taking of their property rights in marriage without due process of law."

The brief states, in part:

The extension of marriage to same sex relationships inflicts profound harm on the Unruhs. For the court to say that from this day forward marriage in Kansas must be extended to a same sex couple is and for ever will be deeply disturbing to the Unruhs and undoubtedly to those that cared enough to pass an amendment to protect it, a departure from the joy and celebration normally associated with the word marriage. Disturbed, not because of bigotry, but out of solemn respect for what marriage is, what it has meant to them and to society in general. Marriage is perhaps the single most valuable institution society has ever had. The standards established by marriage and its exclusive nature enjoyed by the Unruhs can not be ignored or impaired without fundamental civil rights of the Unruhs being disturbed and married people being discriminated against....a ruling extending marriage to same sex relationships would violate the Unruhs' right to equal protection under the law by the Court's failure to protect marriage and support the right of Kansas citizens to codify its implicit meaning.

Other portions of the brief mention Bible verses and "responsible procreation, effective parenting, and the desire to proceed cautiously in this evolving area" as reasons for keeping Kansas' gay marriage ban in place. 

Read the brief yourself and marvel at the absurdity below, via Equality Case Files

[h/t/ jmg]


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