Tag: Kansas

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Kansas & Oklahoma Legislatures Approve Anti-LGBTQ Adoption Bills

We were looking good there, America.

Four months into 2018 and no new anti-LGBTQ legislation on the state level. Until this week.

Both Oklahoma and Kansas have passed bills that will allow faith-based adoption and foster care services to legally discriminate against LGBT folks while using public funds.

In Oklahoma, the House approved the measure by a vote of 56-21 on Thursday this week after the state Senate had previously voted to advance the bill.

Kansas followed just hours later as the Senate approved the bill 24-15 at 1:51 a.m. Friday after the House passed it Thursday night, 63-58.

The legislation had been sitting for weeks before lawmakers revived and passed it in a matter of hours.

Both bills now head to their respective governors’ desks to be signed into law.

More from The Advocate:

The bills could allow discrimination against many types of prospective parents who offend an agency’s religious beliefs — single parents, divorced and remarried parents, interfaith couples, and more, in addition to LGBT individuals and same-sex couples, Winterhof pointed out. But Oklahoma Senate Majority Leader Greg Treat, who authored his state’s legislation, mentioned that when agencies express objections to certain placements, they often cite opposition to same-sex marriage, the Family Equality Council noted.

Opponents of both states’ measures said the legislation would make the already-overloaded child welfare system even more so by making fewer people eligible to become foster or adoptive parents. But supporters said the religious protections would encourage more faith-based agencies to work with the states.

Texas, Alabama, South Dakota, Virginia, and Michigan have similar laws in place, NBC reports. Michigan’s is being challenged in court by the American Civil Liberties Union.

What’s truly sad is this reduces the number of possible adoptive homes for children who really need loving parents.

Bigotry at the expense of children.

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Kansas Supreme Court Clears The Way For Same-Sex Marriage

The Kansas state Supreme Court on Tuesday evening lifted its hold on marriage licenses to same-sex couples in Johnson County.

The justices last month blocked such licenses while reviewing a petition from Kansas Attorney General Derek Schmidt.

As I reported earlier today, only a handful of county clerks were issuing marriage licenses to same-sex couples while the majority waited on “further guidance” from the state Supreme Court.

Hopefully, this is the “guidance” those clerks need 🙂

UPDATE: Even after the state court issued it’s ruling, some counties are still not issuing licenses.

Equality Kansas has listed the 19 counties currently allowing gay and lesbian couples to marry on their Facebook page.

(source)

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Some Confusion Remains As Same-Sex Marriages Begin In Kansas

Although the US Supreme Court lifted the stay on US District Judge Daniel Crabtree’s ruling last Wednesday which allows for same-sex marriage to begin in Kansas, only a handful of county clerks are issuing licenses.

Attorney General Derek Schmidt has stated that, in his opinion, the ruling only applies to two counties where two couples were denied marriage licenses.

However, Judge Crabtree’s ruling was directed at the defendant in the case, Robert Moser, M.D., in his official capacity as Secretary of the Kansas Department of Health and Environment and did not name specific counties in his ruling.

From the Washington Post:

“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.

“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.”

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Still Disagreement In Kansas Over Same-Sex Marriage

Although SCOTUS decided 7-2 against issuing a stay on a federal judge’s ruling that Kansas’ ban on same-sex marriage is unconstitutional, clearing the way for marriage equality, the state’s Attorney General continues to fight tooth and nail to stop gays and lesbians from marrying.

Today, AG Derek Schmidt says the ruling from the high court only applies to two counties in the state. The ACLU says all 105 counties are affected by the ruling.

Via LGBTQ Nation:

Marriage licenses in Kansas are issued by district court clerks’ offices after a mandatory three-day wait. Schmidt said the high court ruling applies only in Douglas County in northeastern Kansas and in Sedgwick County, in south-central Kansas.

In the state most populous county, 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 Wednesday.

For now, same-sex marriages are taking place in at least four of the state’s 105 counties.

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SCOTUS Says “No” To Kansas For Stay on Same-Sex Marriage

On Monday, Justice Sotomayor granted a temporary stay to Kansas regarding the recent same-sex marriage ruling from the 10th Circuit Court of Appeals.

Today, SCOTUS issued it’s decision and it’s for the good guys.  No stay for Kansas.

Only Justices Scalia and Thomas would have granted the stay, making the decision 7-2 against Kansas.

Kansas can head to the 10th Circuit, but seeing how that appellate court has already set precedent – AND the Supreme Court has given that ruling it’s blessing – don’t look for the 10th to reverse itself any time soon.

Expect marriage licenses to be issued to same-sex couples immediately.

Marriage equality is coming to Kansas, kids!

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Kansas Receives Stay From SCOTUS On Same-Sex Marriage Ruling – For Now

Today, the state of Kansas just requested an emergency stay on same-sex marriages in the state of Kansas pending the hearing of their appeal.

Kansas, being under the jurisdiction of the 10th Circuit Court, refers such requests to Justice Sonia Sotomayor. And she has given the state the requested stay but included the phrase “until further ordered.” So, upon further review she, or the entire Supreme Court, could revoke the stay.

Marriages were due to commence statewide at 5PM tomorrow.

Sotomayor also called for a response to Kansas’ request by 5PM tomorrow in her order today.

Many states have requested and received such stays regarding same-sex marriage as the issue has continued to march across America.

Read more at Buzzfeed.

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Westboro Baptist Church Gets Denied In Request To Intervene In Kansas Marriage Equality Case

Virulently anti-gay Westboro Baptist Church filed a request to intervene in the marriage equality case in Kansas.

And the court has sent back as it’s reply a big, fat “nope.”

Judge Crabtree denied the request, but allowed the church to file an amicus brief in the case. The judge did, however, point out that repeating already stated arguments need not be reintroduced in said brief.

Slam!

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10th Circuit Court Says “No” To Same-Sex Marriage Ruling Stay In Kansas

In the aftermath of U.S. District Judge Daniel Crabtree’s ruling earlier this week striking down Kansas’ ban on gay marriage, the state requested an extension on the stay placed on the ruling.

The 10th Circuit Court has come back with a big, fat “No” as their response. From the ruling:

The district court granted preliminary injunctive relief to plaintiffs on November 4, enjoining defendants from enforcing or applying Kansas constitutional and statutory provisions that prohibit issuance of marriage licenses to same-sex couples.

The district court then stayed its injunctive order until 5:00 p.m. on November 11.

Defendants immediately appealed the preliminary injunction ruling and also filed an emergency motion pursuant to 10th Cir. R. 8.1, asking this court to stay the district court’s injunctive order pending their appeal of the ruling.

We conclude that defendants have failed to make the showings necessary to obtain a stay, and we deny the emergency motion for a stay pending appeal.

We note that the district court’s temporary stay of its own preliminary injunction order remains in effect until 5:00 p.m. CST on November 11, 2014.

Bolding is mine.

The only thing that can stop gay marriage from beginning after 5PM on Tuesday in Kansas is a stay issued by SCOTUS.

And, unfortunately, I have a sense that’s exactly what will happen.

U.S. Supreme Court Justice Sonia Sotomayor oversees the 10th Circuit goings-ons. A request for stay to SCOTUS would go to her. She could decide on the request herself, or hand it to the full SCOTUS to either stay the ruling or not.

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Kansas: Federal Judge Strikes Down Same-Sex Marriage Ban

The Washington Blade is reporting that a federal judge has struck down Kansas’s ban on same-sex marriage.

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 placed on the ruling which expires 5 pm CT on November 11.

The state can appeal to the 10th Circuit Court of Appeals – however, that court is the same which ruled Oklahoma and Utah’s same-sex marriage bans were unconstitutional, which now has become legal precedent.

The state Supreme Court is slated to hear a similar matter on November 6.

Read the ruling below: