Tenth Circuit To Kansas: Suck It

KANSAS: ACLU To Sue To Force State To Recognize Same-Sex Marriages

Via the Wichita Eagle:

The lawyer who successfully sued to overturn Kansas’ ban on same-sex marriage in federal court now plans to amend the lawsuit in order to force state agencies to grant marriage benefits to same-sex couples. Same-sex couples in Kansas can get marriage licenses from Sedgwick and other counties and use those licenses to marry anywhere in the state after a federal district court ruled the ban was unconstitutional earlier this month. However, state agencies have refused to grant newly married same-sex couples the same rights as other legally married couples while Attorney General Derek Schmidt appeals the case.

Doug Bonney, who represented the couples suing the state, said the plaintiffs would amend their complaint to force state agencies to recognize the marriages and grant full legal rights to the newly married couples. This includes the right to change the last name on your driver’s license to your spouse’s. For the spouses of state employees, it also includes receiving state health care benefits. Bonney said they would sue Gov. Sam Brownback if necessary. He added the governor has the authority to direct agencies on how to respond to the ruling but said the administration’s combative response was disappointing. He also said it would cost taxpayers a lot of money in the long run.

A large number of Kansas counties are also continuing to refuse to issue same-sex marriage licenses.

South Carolina & Kansas Turn Sapphire

Not only has South Carolina joined the states displaying our favorite color, Wikipedia's marriage monitors have decided to remove the red stripes of shame from Kansas even though most counties continue to withhold marriage licenses and state agencies continue to refuse to recognize the marriages that have taken place.

Gov. Sam Brownback's administration will not make any policy changes to recognize same-sex couples while it defends the Kansas' gay marriage ban against a federal lawsuit filed by the American Civil Liberties Union, Brownback spokeswoman Eileen Hawley said Wednesday. Hawley said all state agencies would "take the necessary legal actions once this issue is resolved." The U.S. Supreme Court said the state can't enforce its ban on same-sex marriages while the ACLU lawsuit proceeds through the courts. Some Kansas counties are issuing marriage licenses to same-sex couples, but others are not.

The agencies' refusal to recognize the marriages will prevent couples from changing their names on their driver's licenses and could affect such things as state income tax filings, The Wichita Eagle reported. "There are still cases under appeal in the courts, and the department will not do anything different until those are resolved," Department of Revenue spokeswoman Jeannine Koranda wrote in an e-mail. A Lawrence couple who were married Tuesday said they were turned away from a Department of Revenue office when one of them tried to change her last name on her driver's license.

KANSAS: Still A Confusing Mess

Via the Associated Press:

The Kansas Supreme Court cleared the way Tuesday for additional gay marriages in the state's most populous county while declaring that it would defer to the federal courts on whether Kansas' ban on same-sex marriages is constitutional. The Kansas court also declined to say whether all of the state's 105 counties fall under a U.S. Supreme Court order last week blocking the state from enforcing laws and a provision in its constitution against gay marriage. The nation's highest court acted in a lawsuit filed by the American Civil Liberties Union over the denial of marriage licenses to lesbian couples in two counties.

Since the U.S. Supreme Court decision, gay couples have obtained marriage licenses and wed in at least a few counties, but not in those where the chief state district court judges were blocking them. In Kansas, district court clerks issue marriage licenses after a mandatory three-day wait. The inconsistency appeared likely to continue. State Attorney General Derek Schmidt said in a statement that the Kansas court's decision leaves it to the federal courts and local state judges to decide whether marriage licenses are issued to same-sex couples. "Because a provision in the Kansas Constitution is at peril, the state of Kansas will continue its defense in federal court as long as a defense is properly available," Schmidt said.

On its Facebook page, Equality Kansas has listed the 19 counties that are issuing same-sex marriage licenses. They add:

If you do NOT live in one of those counties, you may still go to any one of them and apply for a marriage license. After three days, you can go back to the originating courthouse, pick up your license, and get married ANYWHERE in Kansas. Your signed license must be filed in the courthouse that issued it. We will still have difficulty getting state and local government agencies to recognize our marriages, whether performed in Kansas or out of state. It is likely that litigation will continue for months, perhaps well into next year, before we fully enjoy marriage equality in Kansas. We're making great progress, however, and must keep fighting!

Red Stripes Of Shame For Kansas

Same-sex marriages commenced yesterday in Kansas following the three-day waiting period that began on Thursday. However nearly 100 of the state's 105 counties continue to refuse gay couples as state Attorney General Derek Schmidt presses his claim that last week's ruling only applies to two counties. Therefore, Wikipedia's marriage map monitor has regressed his map and applied the red stripes of shame.

KANSAS: 15 Gay Couples Marry In Wichita On First Day Of Legalization

Via the Wichita Eagle:

Despite vocal opposition and freezing temperatures, Monday was a day for Kansas history textbooks. On the front steps of the Historic County Courthouse in downtown Wichita, 15 same-sex couples proclaimed their love for one another and were legally married. There were cheers of affirmation, but there also was opposition. At the beginning of the mass ceremony, a man standing next to the clergy repeatedly shouted “God said no! God said no!” The crowd of about 100 who were gathered to watch the ceremony chanted back “God said yes! God said yes!” as he continued to chant and was led away. Some of those who opposed the ceremony played loud music. Supporters played equally loud music and then the organ music to Wagner’s “Bridal Chorus.”

Only a handful of the 105 Kansas counties have begun issuing licenses.

“There’s a lot of frustration and impatience,” Thomas Witt, executive director for Equality Kansas, told The Washington Post. Witt said he knows of at least six counties issuing marriage licenses. Others are accepting applications but refusing to issue licenses, while others are refusing to accept applications altogether. Jennifer Rapp, a spokesperson for Kansas Attorney General Derek Schmidt, said his office has asked the Kansas Supreme Court “to provide further guidance to the district courts in light of the federal preliminary injunction.” “We are awaiting a decision on this case,” Rapp said in an email. Schmidt suggested earlier this month in a statement that a decision in the case applied to Douglas and Sedgwick counties, where two lesbian couples were denied marriage licenses. “I think the Kansas attorney general has abdicated his responsibilities,” Witt said. “If anybody is causing chaos and confusion … it’s the Kansas attorney general.”

Schmidt continues to contend that last week's ruling only applies in two counties. (Photos by JMG reader Travis)

KANSAS: NOM Petitions Governor To Order Clerks To Disobey Supreme Court

See the full petition.

Brian Brown Has The Kansas Super Sadz

"We call on Governor Sam Brownback to reject the idea that Kansas must abandon marriage because out of control federal judges say so. We urge Governor Brownback to use his authority to order local clerks to refuse to issue marriage licenses in violation of state law, as affirmed by the Supreme Court, in recognition that the state courts are not bound to reach the same judgment about the constitutionality of their laws as the lower federal courts. Although this obviously creates a lack of 'harmony' between the state and federal courts on the subject, Kansas has every right to insist that this conflict be resolved by the Supreme Court, not an activist lower federal court. We encourage the Kansas Supreme Court to remain firm in upholding state laws, especially in light of the fact that numerous federal judges have upheld state marriage amendments like Kansas' including the 6th Circuit Court of Appeals, as well as district courts in Louisiana and Puerto Rico. We urge Governor Brownback and state Attorney General Schmidt to aggressively press their appeal to the US Supreme Court." - Hate group leader Brian Brown, via press release.

KANSAS: Marriages Commence In Four Counties As State Continues To Fight

Marriage licenses are being issued today in a handful of the 103 Kansas counties.

Judges in at least four Kansas counties were issuing marriage licenses to same-sex couples a day after the U.S. Supreme Court issued a ruling allowing them to wed. Clerks in other counties were giving applications to gay couples but requiring them to abide by the state’s three-day waiting period before they can get a license. As of midmorning Thursday, Douglas County District Judge Robert Fairchild had waived the waiting period for three couples and said he would consider similar requests on a case-by-case basis. A different judge had agreed to preside over the wedding of one of the couples after the courthouse closes at 5 p.m. CST. Couples received licenses in Sedgwick County, while judges in Cowley and Riley counties each had issued one marriage license to same-sex couples.

Gov. Sam Brownback and Attorney General Derek Schmidt continue to contend that yesterday's ruling only applies in two Kansas counties.

KANSAS: AG Derek Schmidt Says Marriage Ruling Only Applies In Two Counties

Via the Associated Press:

The U.S. Supreme Court denied a request Wednesday from Kansas to prevent gay and lesbian couples from marrying while the state fights the issue in court. Schmidt says that decision applies only in Douglas, a northeastern Kansas county, and Sedgwick, in south-central Kansas, where the court clerks are defendants. The American Civil Liberties Union contends the ruling applies in all 105 counties. The legal situation in Kansas is complicated by another case before the Kansas Supreme Court, which Schmidt filed last month. He persuaded the Kansas court to block marriage licenses for same-sex couples, at least while his case is heard. Marriage licenses in Kansas are issued by district court clerks' offices after a mandatory three-day wait. In Johnson County, Court Clerk Sandra McCurdy said about 70 applications from same-sex couples are pending. "Until I hear something from the Kansas Supreme Court, I'm not issuing any marriage licenses," McCurdy said.

And on and on it goes.

KANSAS: Attorney General Derek Schmidt Asks Court To Block Johnson County Marriage Licenses As First Couple Weds

Kansas Attorney General Derek Schmidt today asked the state Supreme Court to block same-sex marriage licenses in Johnson County.  A lawsuit demanding that Kansas recognize out-of-state marriages was filed in December 2013, but there is presently no challenge to the Kansas ban itself.

Schmidt argues that Chief District Judge Kevin Moriarty exceeded his authority when he directed the court clerk to issue the marriage licenses this week. The attorney general contends that Moriarty didn’t have the power to authorize the licenses in contradiction to the state constitution’s ban on gay marriage. Moriarty issued his order Wednesday after the U.S. Supreme Court opened the door for same-sex couples to get married in Kansas when it let stand lower-court rulings that found gay marriage bans unconstitutional. The court did not rule on the Kansas law, but let stand an appeals court ruling that would be binding if there was a challenge brought against the state law.

It appears that of the 52 marriage license applications filed thus far in Johnson County, only one has been granted. Equality Kansas reports that the couple married immediately this afternoon.