KANSAS!
Defendants' stay request presents a relatively close call. As Guzzo explained, the Tenth Circuit has settled the substance of the constitutional challenge plaintiffs' motion presents. Id. at *5. And under the Circuit's decisions, Kansas law is encroaching on plaintiffs constitutional rights. But defendants' arguments have required the Court to make several jurisdictional and justiciability determinations, and human fallibility is what it is; the Circuit may come to a different conclusion about one of these threshold determinations. On balance, the Court concludes that a short-term stay is the safer and wiser course. Consequently, the Court grants the preliminary injunction described below but stays the effective date of that injunction until 5:00 p.m. (CST) on Tuesday, November 11, 2014 (unless defendants sooner inform the Court that they will not seek review from the Circuit).
Labels: Kansas, LGBT rights, marriage equality
