November 4, 2014 at 3:47 pm EDT | by Chris Johnson
Judge rules against Kansas same-sex marriage ban
same-sex marriage, gay news, Washington Blade

A federal judge has ruled against the ban on same-sex marriage in Kansas.

As voters headed to the polls for Election 2014, a federal judge on Tuesday ruled against the ban on same-sex marriage in Kansas.

In a 38-page decision, U.S. District Judge Daniel Crabtree, an Obama appointee, issued a preliminary injunction against the enforcement on Kansas law prohibiting of marriage rights for same-sex couples. The injunction is warranted, Crabtree writes, because of legal precedent and because state officials defending the law haven’t made a sufficient case they would prevail in court.

“Because Kansas’ constitution and statutes indeed do what Kitchen forbids, the Court concludes that Kansas’ same-sex marriage ban violates the Fourteenth Amendment to the Constitution,” Crabtree writes. “Accordingly, the Court grants plaintiffs’ request for preliminary relief and enters the injunction described at the end of this Order.”

A temporary stay was included as part of the decision, so same-sex couples won’t be able to wed in Kansas until 5 pm Central Time on Nov. 11, unless the state informs the court sooner it won’t seek review before the U.S. Tenth Circuit Court of Appeals.

The litigation filed before the court was filed by the American Civil Liberties Union of Kansas to compel the circuit to confirm to judicial precedent enacted the Tenth Circuit rulings against same-sex marriage bans in Utah and Oklahoma, which lie within the same circuit as Kansas.

According to the Williams Institute at the University of California, Los Angeles, the ruling opens to door to marriage for an an estimated 4,009 cohabiting same-sex couples in Kansas. An estimated 22 percent of these couples are raising nearly 1,750 children in their homes.

The decision comes on the heels of a hearing on Friday on the matter of issuing a preliminary injunction in the case. According to the Associated Press, the state urged the judge not to block the state from enforcing the ban until a decision from the Kansas Supreme Court, which is scheduled to hold hearings on a related case on Nov. 6, but the ACLU maintained further delay would harm same-sex couples in Kansas. At the conclusion of the hearing, Crabtree said he would decide whether to issue a preliminary injunction in the case “as quickly as we can.”

Kansas prohibition on marriage rights for same-sex couples, known as Kansas Proposed Amendment 1, was ratified at the ballot as part of the state constitution by 70 percent of the vote. Gov. Sam Brownback and Attorney General Derek Schmidt defended the law in court against litigation and campaigned on those efforts ahead of Election Day in Kansas.

In a statement, Schmidt pledged to appeal the decision on an expedited basis for an en banc hearing before the Tenth Circuit.

“The State of Kansas continues to have a strong interest in the orderly and final determination of the constitutionality of its prohibitions on same-sex marriage,” Schmidt said. “The state defendants will promptly appeal this decision to the Tenth Circuit Court of Appeals and will ask for consideration by the full Circuit Court. Such a request for en banc consideration was not previously made by either Utah or Oklahoma when their cases were heard by a three-judge panel of the appellate court.”

Chris Johnson is Chief Political & White House Reporter for the Washington Blade. Johnson attends the daily White House press briefings and is a member of the White House Correspondents' Association. Follow Chris

22 Comments
  • well that's good. i support equality for everyone! :)

  • That phoney remaining “slippery slope strategy” that Antigays keep trying to insist is real, is 100% nonsense, and useless as a rational basis for valid lawmaking in America under The U. S. Constitution, yet we hear it time and again, ad nauseum (for real):

    Gutted Herring #1- ON ANIMALS MARRYING PEOPLE:

    Marriage requires informed consent which animals, mute inanimate objects, and children do not legally possess. So no marriage.

    The antigays who rely on this comparison would be hard pressed to make the direct comparison they are peddling as valid, since not one of them can look at a gay married couple, and tell us which of the 2 in the couple represents “the human” and which of the 2 in the couple represents the “animal/child/tree”.

    …And once you’ve figured out which is which, please try undertaking this same comparison under oath in a court of federal law!

    (we’ll see if you don’t get sanctioned for contempt.)

    Gutted Herring #2- ON SIBLINGS MARRYING SIBLINGS

    The only government purpose of recognizing marriages, is to officially consolidate 2 unrelated law-abiding households into a single family unit.

    Oh, but look again to see why this red-herring was dried up and gray before it even got out of its antigay agenda box!:

    Siblings are **already** considered ‘family’ from the day they were born; therefore any further recognition of their family status is purely redundant, and specifically not required, as these folks are born with the classification of being “recognized family members”.

    Which is precisely why no one is seeing additional sibling marriage rights talked about by anyone but inhumane antigays with a bizarre grudge they have yet to explain to anyone coherently.

    Gutted Herring #3- THE PHONY POLYGAMY BOOGEYMAN:

    Straight polygamists may already marry the law-abiding oppsex partner of their choice, albeit one at a time. Divorce law nevertheless, still allows each of them to divorce, and then marry the next oppsex partner from their list of oppsex choices, and do it again and again, as often as they please, with nary a peep out of any “marriage protectors” (rolled eyes) or any family law regulations trying to stop them.

    Fact of the matter: polygamists aren’t complaining much, because they already have equal marriage rights. They know it. Everyone knows it.

    Ironically, a straight spouse-abusers may marry a 4th time, even if they are doing time for mortally injuring a 1st, 2nd or 3rd wife/husband, so long as both partners are straight. (note: the notoriously patricidal Melendez brothers as well as the LA Nightstalker, all “married” their oppsex partners WHILE IN JAIL FOR MURDER!!!)

    In stark contrast, Antigays say LGBT couple never should be able to marry.

    To “Protect the sanctity of marriage”.

    All of the above red-herrings are example of pure animus based, antigay incoherence; every red-herring they ever thought they had, are but fishbone and bacteria anymore, and every attempt to invoke them to deny gays equal rights, using family law as an excuse, is an illegal and automatic **fail***

    Justice and Equality for All.

    So simple. No herrings required.

  • There really hasn't been anything new argued by the antis in over 20 years – they just keep cycling through the same, tired, nonsense.

    And keep losing.

  • There really hasn't been anything new argued by the antis in over 20 years – they just keep cycling through the same, tired, nonsense.

    And keep losing.

  • Now if Schmidt and Brownback lose in the election today my life will be complete and fulfilled!!!!

  • I support equality for everyone and I hope that Kansas lifts its ban on same sex marriage for ever!!!!! Love is love no matter who you are and who are we to say that same sex couples can not get married. ♡♡♡♡

  • Get out the wedding gowns and tuxes, fellow Kansans. Marriage equality is coming on November 11th. The state doesn't have a prayer at the 10th Circuit, not after its ruling on the Oklahoma and Utah marriage bans. There's nothing different about Kansas's marriage ban to distinguish it from the ones the 10th Circuit already found to be unconstitutional. Wyoming tried the same thing Kansas is doing and got the same result a couple of weeks ago, and now people are marrying there. We're the last holdout in the Circuit, and we should be embarrassed by that. But we're going to be stuck with backward-looking political leaders for another 4 years, so it's going to continue to be bumpy as all get out. As someone once said, it was never guaranteed to be easy or pretty!

  • Just read the actual decision. It's a bit heavy going for a non-attorney because the judge had to deal with a number of very technical arguments by the state on the appropriateness of the Court's accepting the case. It's dry stuff, but Judge Crabtree clearly sets out all the factors that must be considered under each argument and demonstrates how this case does not meet the standards established for declining to take the case. He then moves on to the actual merits of the case and demonstrates that the Kansas marriage ban is virtually identical to the bans in Utah and Oklahoma that the 10th Circuit found to be unconstitutional. He discusses the other factors that must be present to justify granting this kind of preliminary injunction and finds that they exist, therefore he is authorized to issue it. He stayed the effective date of the decision for a week to give the state an opportunity to appeal to the 10th Circuit and to seek a longer stay from them. However, it's very unlikely that the 10th Circuit will do that because this case doesn't present any new issues that it didn't already consider in the Utah and Oklahoma cases. Despite it's heroic last stand, Kansas doesn't have any legal legs left to stand on. Even if Kansas does take the case to the 10th Circuit it's unlikely to get a new stay because one of the key conditions for getting one is that it's likely that it will prevail once the case has been fully argued and decided. And there's no likelihood of that, at all, so the 10th Circuit would have no legal grounds for granting another stay. You can be pretty sure that marriage equality will arrive in Kansas on November 11th!!!

  • FYI … you're correct that animals cannot provide consent, however they are not "inanimate objects." Inanimate means "not alive, especially not in the manner of animals and human."

  • Tim MacGeorge "inanimate objects" was only one in my list of three candidates, (not two) read it again and note the commas used to separate each of the 3 elements.

    Later I give examples "animal/child/tree" with tree representing the inanimate object,)

    See? Vocabulary crisis solved.

  • Don, sorry they won.. i am so depressed………….

  • Commentators, go forth to pseudo conservative and bigot blogs and news feeds and dialog with these people. Currently you are preaching to the choir. Dialog with these people with facts and intelligence and refrain from name calling. State the value of Marriage Equality to society and that Marriage Equality is a legal marriage contract with a government entity to provide legal equality and benefits to same gender couples as mixed gender couples enjoy and is not a license to religious marriage. Religious unions require not government license. Government marriage license and religious unions or marriages are not the same. This is separation of Church and State. The opposition has since the beginning claiming it is a religious issue which is crossing the line of Church and State. There are some religious people who are so weak in their faith that they seek the state to keep them from sinning.
    Check out Marriage Equality USA and other similar web sites for more information on Marriage Equality stories and guide lines on conducting a dialog with the opposition to marriage equality.
    Marriage Equality, Accept Nothing Less.

  • Nothing you can do about willful ignorance. They've been told all of what you say for over 20 years – they just keep cycling through their same, tired non-arguments.

    The good news is, they really don't matter any more.

  • Dan that is defeatism thinking which is the same thinking that the Democrats, moderate and liberal registered voters had on Tuesday 4 November 2014 and thus did not vote. According to a NPR story the turn out this time for a mid-term election was the lowest since WWII. This low number was definitely not caused by Republican registered voters. They voted.
    I do not know where you get your news and information from but it really does matter as all the gains up to now by the BGLT community can be lost with one SCOTUS decision.

  • Dan Mauller Dan, Even though you Facebook page indicate you may support BGLT community I have my doubts from your comments. You may be a wolf in sheep's clothing.

  • Terry Wayne Schneider Not defeatist at all. We've changed countless hearts and minds in the last few decades. Why spend any effort on those who lack one, the other, or both? What some nitwit on a comments section has to spew out has no bearing on the SCOTUS.

    Maybe you haven't noticed, but it's the opposition to SSM that keeps getting defeated.

  • Dan Mauller Dan If SCOTUS make up in the future becomes to much control by the pseudo conservative Religious fanatics the Texas ruling could be reinstated. Same Gender Marriage is being defeated because there is not enough dialog to explain to people who are against marriage that it is no a Religious marriage but a government contract between two people. That is a Marriage License and it is not a license to marry in a church that is up to the church and the couple. The marriage can be performed by an authorized government official. When a government official refuse to perform this service because of religious convictions the official has violated the separation of church and state.
    Am not sure who the we you are referring to who changed countless hearts and minds. If you are one of the we than you need to continue as it is not over. It is only the start. Most BGLT people in this country do not have equality in work, housing and social assistance.
    Here is a link to prove that minds do change, it is from WUNC public radio in Chapel Hill, NC
    https://docs.google.com/spreadsheets/d/1zLRjHn1L7TO73SBEYpucavPFhvE9X_N0nw4gkCF2Cdg/edit?usp=sharing

  • Sorry click the reply to soon this should be added to the previous post.
    The racial integration got the law and courts to force integration but did not work at changing the minds and hearts of the racist people thus the racism still exist and even in the courts.
    Dan if you think it is a waste of time to dialog on pseudo conservative blogs that is your view but when you go around tell others that you view is the correct one you are only playing into the hands of the pseudo conservatives.

  • Terry Wayne Schneider Knock yourself out. I've spent over 10 years talking to people in person which is MUCH more effective that any alleged "dialog" that takes place in comments sections – on conservative blogs or otherwise. But you go on, put yourself on the endless cycle of "Reproduction! The Children! God! The Family! Tradition! Disease! An@l sex!" I guarantee you that's essentially the loop you'll find yourself going through over and over and over again.

    Intentional ignorance can't be overcome.

  • Terry Wayne Schneider " there is not enough dialog to explain to people who are against marriage that it is no a Religious marriage but a government contract between two people. "

    That is where you are wrong. It has been pointed out over and over and over and over that the debate is only about the civil contract of marriage – for 22 years!. Anyone who STILL thinks it's about religion is CHOOSING to remain ignorant. There isn't ANYTHING – from either side, really – that hasn't been repeated ad nauseum for over two decades now.

  • Terry Wayne Schneider I'm not the least bit concerned about your doubts. You know nothing about me.

  • The other shoe in Marriage Equality has dropped today. The Federal 6th District has up held ban on same gender marriage stating that the state government only intended marriage between mix gender couples to produce children and same gender cannot meet this requirement.
    This will now mean that SCOTUS will hear Marriage Equality challenges probably next year.

© Copyright Brown, Naff, Pitts Omnimedia, Inc. 2018. All rights reserved.
Blade Blast

Get the latest LGBTQ news to your inbox every Thursday!