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Three scenarios for gay marriage in Kansas, depending on Supreme Court ruling

Source: 
The Wichita Eagle
Author: 
Daniel Salazar
Date: 
Wednesday, June 24, 2015

"The Supreme Court is expected to issue a highly anticipated ruling on gay marriage as early as Thursday.

Law professors say the ruling could settle the legal issue of gay marriage nationwide or keep a patchwork of marriage laws across the country.

Gay marriage in Kansas has been in flux since the 10th Circuit Court of Appeals struck down Utah’s same-sex marriage ban in June 2014. That ruling applied to Kansas and overrode the Kansas Marriage Amendment, a ban on gay marriage passed by voters in 2005.

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'If same-sex marriage bans are not ruled unconstitutional, the constitutional question of whether a state like Kansas would have to recognize marriages from other states would still have to be resolved,' said Richard Levy, a University of Kansas law professor.

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Couples who won court battles for the right to marry would also be in a legal gray area.

'They won a final judgment,' Rich said. 'For the state to say ‘we can go back and take it away,’ that would be contrary to what normally happens.'”