Supreme Court lifts hold on Kansas gay marriage

"Same sex marriages have the green light in Kansas.  The U.S. Supreme Court is not going to block the marriages while the state’s lawsuit is in appeals court.  Earlier a federal district judge stopped the state from enforcing its ban.. staying in line with an a federal appeals court ruling that struck down bans in Oklahoma and Utah.

Stephen Koranda for Kansas Public Radio reported Attorney General Derek Schmidt has argued this would only affect the Kansas counties involved in the suit.  University of Kansas Law Professor Richard Levy disagrees. 

Kansas Supreme Court mulls Johnson County marriage case

"The Kansas Supreme Court is considering whether a chief judge in Johnson County overstepped his bounds when he authorized same-sex marriages in the county.

The judge made the decision following the federal 10th Circuit Appeals Court ruling that struck down same-sex marriage bans in Oklahoma and Utah.

The ruling did not touch the constitutional same-sex marriage ban in Kansas, but many people believe the decision also affects Kansas because it's in the same federal circuit.

. . . 

High Court Lifts Hold on KS Gay Marriage

"Same sex marriages will be allowed to go forward in Kansas Thursday. That comes after the U.S. Supreme Court decided not to block the marriages while a lawsuit over the issue waits before an appeals court.

Attorney General Derek Schmidt has argued that this would only affect the two Kansas counties involved in the suit, Douglas and Sedgwick. In a statement, he suggested this decision applies to just those counties.

But University of Kansas Law Professor Richard Levy says allowing same sex marriages in Kansas would seemingly have a wider impact than just two counties.

Supreme Court puts hold on Tuesday expiration of Kansas gay marriage ban

"U.S. Supreme Court Justice Sonia Sotomayor on Monday put a hold on a lower-court order that would have opened the door for same-sex couples to get married in Kansas as early as Wednesday.

Kansas Attorney General Derek Schmidt had requested the stay following a decision last week by U.S. District Court Judge Daniel Crabtree, who said state court officials in Douglas and Sedgwick counties must begin issuing marriage licenses to same-sex applicants starting Wednesday.

ACLU, Kansas attorney general go to court over gay marriage

Brad Cooper and Bryan Lowry wrote: 

"The assault on same-sex marriage bans zeroed in on Kansas on Friday with a new legal challenge that could clear the way for gay marriage in yet another state.

Two lesbian couples – one from Wichita and another from Lecompton – challenged the state’s ban in federal court Friday afternoon.

The lawsuit capped a topsy-turvy day that began with the state’s first same-sex marriage in Johnson County.

It ended when the state Supreme Court temporarily stopped the county from issuing any more licenses to gay couples.

Same-sex marriage remains in limbo in Kansas

Brad Cooper wrote:

"A Johnson County judge directed the district court clerk this week to issue marriage licenses to same-sex couples without fear of being prosecuted under Kansas law.

. . . 

The status of same-sex marriage in Kansas shifted quickly this week, but it appears still unsettled.

'You can go ahead and get a marriage license,' cautioned University of Kansas law professor Richard Levy. 'But if you do that, you may run the risk that the order under which you got your license is declared invalid.'"

 

Johnson County green-lights gay marriage in Kansas; Douglas County to continue denying applicants

"The chief judge of the Johnson County District Court issued an order Wednesday clearing the way for same-sex couples to get married in that county. But a constitutional law professor at Kansas University said it's still not clear that such marriages would be valid under Kansas law.

. . . 

But because the Supreme Court did not directly rule on the issue — it declined to hear the appeals of five similar cases from various judicial circuits — some experts say courts in other states have not been given clear direction on how to proceed.

Kansas law professor says Hobby Lobby ruling isn’t about constitutionality

Cindee Talley wrote:

"Kansas was one of 18 states that sided with Hobby Lobby in the court battle over opting out of the inclusion of contraceptives in their insurance coverage.  The U.S. Supreme Court ruled in favor of Hobby Lobby saying certain employers can opt out of including contraceptives in their insurance because of religious beliefs. 

 . . . 

Richard Levy is a constitutional law expert at the University of Kansas.  He says the 5-4 ruling isn’t about constitutional principles.

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