in the news | School of Law

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.

Federal judge OKs Kansas same-sex marriage; stays order pending appeal

"A federal judge in Kansas City, Kan., issued a preliminary injunction Tuesday barring state officials from refusing to grant marriage licenses to same-sex couples.

But the order was immediately put on hold for one week, giving Attorney General Derek Schmidt time to appeal to the 10th U.S. Circuit Court of Appeals in Denver.

. . .

Lawrence attorney David Brown has represented members of the LGBTQ community since he opened his office in 1992 and currently teaches an LGBTQ seminar at Kansas University School of Law.

Retention of two Kansas Supreme Court justices followed pattern across the U.S.

A grassroots community organization that attempted to block retention of two Kansas Supreme Court justices fell short of its goal in Tuesday's general election. Kansans for Justice sought to oust two justices who ruled to overturn death sentences for convicted murderers Jonathan and Reginald Carr.

Professor Ware said that retention elections are designed for incumbents to win. Candidates are listed on the ballot with no political party affiliation.

Outside Money Surge Makes Kansas Senate Race Costliest In State History

"Few Senate races have seen a gush of spending like the competition in Kansas between Sen. Pat Roberts (R) and independent challenger Greg Orman. That may be because, until lately, it had been unthinkable that a Republican incumbent could lose in the solidly red state.

But Roberts failed to break 50 percent in a primary against a weak tea party opponent. And on Sept. 3, the Democratic candidate dropped out after polls showed Orman could beat Roberts in a two-way race.

For good or bad, privacy nowadays is elusive

Thanks to technological advances and changing social norms, privacy is a thing of the past. Prof. Mike Kautsch says legal protections have not kept pace with technological innovation and the changing social media landscape.

“Privacy is obsolete,” he said. “The question now is, how do we cope with that?”

Attorney’s lawsuit against Kansas seeks tax equality for married same-sex couples

"On New Year’s Eve 2013, Lawrence attorney David Brown quietly filed a case called Nelson v. Kansas Department of Revenue.

Though the case represents two married same-sex couples and tackles the issue of equality, it never raises the question of whether Kansas’ ban on gay marriage is constitutional.

. . .

Lawyers on both sides of Kansas gay marriage debate agree: Courts are closing in on bans

"At public debate Tuesday in Lawrence about gay marriage's legality in Kansas, a local attorney and Indiana's solicitor general predictably shared little common ground. But where they did come to agreement was where future court decisions would come down on the matter.

The consensus: It doesn't look good for states defending same-sex marriage bans.

. . .

The Challenge of Defining Rape

Ian Urbina wrote:

"States across the country are trying to figure out how to address the problem of sexual assault more effectively, and more often than not, they are looking to redefine the scope of sexual misconduct.

. . .

With an effort also underway by the American Law Institute to reconsider when an assault becomes rape, some legal experts predict that changes to criminal laws in many states may not be far off.

. . .

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.'"

Search form

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

Federal judge OKs Kansas same-sex marriage; stays order pending appeal

Retention of two Kansas Supreme Court justices followed pattern across the U.S.

Outside Money Surge Makes Kansas Senate Race Costliest In State History

For good or bad, privacy nowadays is elusive

Attorney’s lawsuit against Kansas seeks tax equality for married same-sex couples

Lawyers on both sides of Kansas gay marriage debate agree: Courts are closing in on bans

The Challenge of Defining Rape

ACLU, Kansas attorney general go to court over gay marriage

Same-sex marriage remains in limbo in Kansas

Pages