Same-sex marriage is legal in the state of Kansas in the US following the decision of the US Supreme Court at Obergefell v. Hodges on June 26, 2015, which finds unlawful refusal of unconstitutional marital union rights. As of June 30, all 31 district courts and all 105 Kansas regions issued licenses for same-sex couples or had agreed to do so. Kansas State agencies initially suspended the recognition of same-sex marriage for purposes including but not limited to renaming, presuming health benefits and filing a joint tax return, but began doing so on July 6.
The preceding State has defined marriage in its Constitution as the union of one man and a woman and by law rejects the recognition of same-sex marriage from other jurisdictions. Before the Supreme Court resolved the issue, a series of lawsuits had challenged state policy with varying success. In Marie v. Moser, US District Judge Daniel D. Crabtree issued an initial court order banning the Secretary of the Department of Health and Environment Kansas, Douglas County and Sedgwick County impose same-sex marriage ban in Kansas. November 4, 2014. He temporarily retains orders until 11 November to allow time for state authorities to file an appeal. On November 7, 2014, the Tenth Circuit Court of Appeal denied any request by state officials to stay pending an appeal. On November 12, 2014, the US Supreme Court rejected the state officials' request to stay pending an appeal from Marie . As the order at Marie has been set to take effect, the Kansas Attorney General believes that Crabtree's initial injunction applies only to the two districts involved in the lawsuit, not statewide. The American Civil Liberties Union maintains that orders apply to all 105 states. Some state district judges, issuing marriage certificates in Kansas, refuse to authorize the issuance of marriage certificates for same-sex couples based on their own interpretations of the legal situation.
On November 18, 2014, the Kansas Supreme Court, acting in Schmidt v. Moriarty , allowing same-sex marriage licenses in the Tenth Judicial District, which includes Johnson County, to proceed. The Court ruled that it was within the jurisdiction of Judge Kevin P. Moriarty, as head of the district judge, to authorize the issuance of marriage papers to same-sex couples based on his decision on the law. This leaves the issue of whether to license same-sex marriage to every district of justice.
Video Same-sex marriage in Kansas
Restrictions on same-sex unions
On April 4, 1996, the Kansas State Senate voted 39-1 in favor of a bill banning same-sex marriage and same-sex marriage acts committed outside of the state. The Kansas House of Representatives also passed the bill. On April 11, 1996, Gov. Bill Graves signed the bill into law.
On January 20, 2005, the Kansas State Senate voted 28-11 to support the Kansas Amendment 1, a constitutional amendment prohibiting same-sex marriage and "marriage rights or incidents". On February 2, 2005, the Kansas House of Representatives voted 86-37 to support the amendment. On April 5, 2005, Kansas voters approved an amendment of more than 2 to 1.
On January 26, 2017, Tom Witt, executive director of Equality Kansas, filed two bills relating to marriage with the Kansas Legislature. HCR 5006 will revoke the constitutional prohibition of the country on same-sex marriage and civil unions, and HB 2172 will supersede the reference law for "husband and wife" with "spouse".
Maps Same-sex marriage in Kansas
Legal charges and acknowledgment of same-sex marriage
Nelson v. Kansas Department of Revenue
On 30 December 2013, private lawyers in Topeka filed suit in state court on behalf of two same-sex couples, Roberta and Julia Woodrick of Lawrence and Michael Nelson and Charles Dedmon of Alma, seeking recognition of their marriage certificate from other jurisdictions in Agar were allowed to file a combined state income tax return. The suit is Nelson v. Kansas Department of Revenue and derived from the June 2013 Supreme Court ruling that imposed part of the Defense of Marriage Act, after which the Federal Internal Revenue Service receives a combined tax return only if the partner's place of residence recognizes the marriage. The plaintiff's lawyer at Nelson is of the opinion that Kansas Revenue Department and Kansas's Constitution definition of marriage make it impossible for plaintiffs to file their state taxes honestly. The Tenth Circuit Court of Appeal
The US Supreme Court refused to hear two cases of the Tenth Circuit Court of Appeals on October 6, 2014. It left a decision that found the Utah and Oklahoma ban on unconstitutional unconstitutional marriages as a binding precedent in federal courts in Kansas. Legal experts expect Kansas to allow same-gender marriage soon.
Schmidt v. Moriarty
On October 8, District Judge Kevin Moriarty of the state district court for Johnson County, the most populous in the state, ordered court officials to issue marriage certificates to same-sex couples. A statement from Governor Sam Brownback said: "Most Kansas voters amend the constitution to include the definition of marriage as one male and one female.A judge of activists should not rule out the people of Kansas." Kansas Attorney General Derek Schmidt said he was ready for litigation and noted that the Kansas ban on same-sex marriages had not been canceled in court. Schmidt filed suit in the Kansas Supreme Court, Schmidt v. Moriarty , asked the court to order Moriarty to stop issuing the license. Later that day, Kansas Chief Justice Lawton Nuss issued a temporary order that suspended Moriarty's order of authorizing the issuance of a marriage certificate for same-sex couples "[i] n interest to build consistency across the state" on the question of issuing licenses for same-sex couples. , but the court allows the acceptance of an application for a marriage license.
On November 13, after a federal court decision dropping a state-like marriage ban on Marie v. Moser, Judge Moriarty asks the court to withdraw a temporary stay and allow him to issue a license for the same-sex partner. On November 18, the court ruled that Judge Moriarty was "in his jurisdiction" in order to issue a marriage certificate for same-sex couples and to lift his stay, leaving another matter, including whether Moriarty's legal decision was to be completed pending the end result of Marie v. Moser .
Marie v. Moser
After the decision of the Tenth Circuit Court of Appeal in Kitchen v. Herbert and Bishop v. Oklahoma became a binding precedent in federal court in Kansas, the ACLU filed suit, Marie v. Moser, in a US district court on Oct. 10 on behalf of two lesbian couples who have been denied marriage because the Supreme Court refused to review the decision. The lawsuit was named as defendant Robert Moser, Kansas City Secretary of the Department of Health and Environment (KDHE), and two district court clerks. Judge Daniel D. Crabtree heard the oral argument on 31 October. On November 4, he decides that "[b] because Kansas's constitution and laws do do what Kitchen is prohibited, the Court concludes that Kansas is equally prohibiting sex marriage violating the Fourteenth Amendment of the Constitution." He continued to enforce his verdict against state officials until 17:00 on November 11 unless the defendants informed the previous court that they would not appeal the decision. The Tenth Circuit Court of Appeals rejected the state's request to stay pending an appeal. The Westboro Baptist Church has been trying to intervene in the lawsuit with no results. Anticipating the termination of Justice Judge Crabtree, Chief Justice Wayne Lampson from the state district court in Wyandotte County ordered his court clerk to issue a marriage certificate to same-sex couples beginning November 12. The defendants of the state asked Supreme Court Justice Sonia Sotomayor, as the Circuit of Justice for the Tenth Circuit, to issue a pending appeal, and on November 10 he gave a temporary delay waiting for their request. In their summary, the parties denied the importance of an order issued by the Supreme Court of Kansas in the State v. Moriarty and the latest decision of the Sixth Circuit Court of Appeals at DeBoer v. Snyder The Supreme Court rejected the state's request to stay on November 12, 2014, allowing the district court order to take effect. Attorney General Schmidt said that orders only apply to Douglas and Sedgwick County.
On November 26, the plaintiffs changed their complaint to include three additional couples as plaintiffs and three additional defendants: Kansas Revenue Department Secretary, Director of the Vehicle Division, and Director of the State Employee Health Plan. On December 2, the Tenth Circuit rejected the request of the defendants of the country for their initial trial of their appeal. On December 8, the plaintiff asked the court to extend his order to include three additional defendants and "any officer, agent, employee, employee, lawyer, other person who was in active concert or participation with them". On December 10, three original named defendants asked the district court to remove them as defendants. Moser wrote that he had resigned on Nov. 30 after obeying a court order, albeit remaining, by modifying a state marriage form to accommodate same-sex couples, leaving no further action to be forced from his successor. He and the two clerks noted that the plaintiffs were not married even though they were able to do so and that the plaintiffs did not disagree with the clerks and therefore were no longer standing. The plaintiff's brief in retrospect noted that Moser was named in his official capacity and therefore succeeded as a principal named defendant by Susan Mosier, Interim Secretary of KDHE. They note that the office's tasks go beyond the provision of forms of marriage licenses and include "supervising the registration of all marriages" and related activities. They argue that employee compliance with preliminary court injunctions is not debatable and that "the plaintiffs are entirely within their right to adjust their marriage time so that their claims can not be debated before a final decision is entered."
Although Moser's replacement as KDHE's Secretary by Mosier, the case remains Marie v. Moser . The defendants of the new state filed a motion to be sacked on January 20, 2015. Unlike most state briefs, he quoted part 2 of the Marriage Defense Act to defend the state's refusal to recognize same-sex marriage from other jurisdictions. On March 17, Judge Crabtree rejected the defendants' movement to delay the trial pending action in a similar case by the US Supreme Court. He gave them until 13 April to respond to the plaintiff's move to the assessment of conclusions. On August 10, 2015, Judge Crabtree issued an order stating that "Article 15, Ã, § 16 of the Kansas Constitution,... and other laws, laws, policies or practices in Kansas prohibiting the issuance of marriage certificates for spouses in Kansas or acknowledge such marriages on the same terms and conditions that apply to opposite sex is contrary to the Fourteenth Amendment of the Constitution of the United States. "
Country agent response
On November 19, 2014, state executive bodies such as the Vehicle Division continued to reject the recognition of same-sex marriage. The Governor's office said the policy would not change as long as the country withdrew its decision on Marie, citing the income tax filing as an example. A spokesman for the Governor said state agencies would "take the necessary legal action once the issue is resolved." The Department of Health and the Environment, on the other hand, under a US district court order not to impose a state ban, has modified the marriage application form to accommodate same-sex couples.
Marriage license issued
One same-sex married couple in Kansas in a week after the US Supreme Court's refusal to hear an appeal in cases from Oklahoma and Utah on October 6, 2014. Similar couples consisting of one lesbian and one bisexual woman apply for a marriage certificate at 7 October, the day when most of the county clerks waited for instructions, and handed them to their district court the next day. After 3 days of state waiting, they received their license on October 10 and held a wedding ceremony at the Johnson County Courthouse just hours before the Kansas Supreme Court issued an order to stop the issuance of marriage papers for same-sex couples. there.
Some Kansas territories began issuing marriage certificates for same-sex couples for the first time on November 13, 2014, although the Attorney General stated that a federal court order in Marie v. Moser is only valid for two countries. The head of LGBT advocacy group Kansas Equality said it was not clear if all the districts were asked to issue the license, while the ACLU said "[t] he was in charge" and applied to all districts. Johnson County remains under orders while a state court does not issue the license. More districts began issuing permits on Nov. 17, even as the Kansas Supreme Court was considering whether district judges had the authority to authorize them. The National Organization for Marriage (NOM) urged Kansas Governor Sam Brownback to "order local clerks to refuse to issue marriage certificates in violation of Kansas laws that define marriage as a union of one man and one woman." His president, Brian Brown, said: "The question for the people of Kansas, and indeed the state, is whether we will allow an illegitimate order by a federal judge to outrank state laws and vote 70% of Kansas voters.Fifty million Americans in more than thirty countries have voted in favor of traditional marriages and it is time for countries to fight back to protect voters' decisions. "
Following the decision of the Supreme Court of Kansas at Schmidt v. Moriarty, Kansas Equality confirms that 19 districts issued licenses for same-sex couples: Chocolate, Chase, Cherokee, Cloud, Cowley, Crawford, Douglas, Jewell, Johnson, Labette, Lincoln, Lyon, Mitchell, Republic, Riley, Sedgwick , Shawnee, Washington, and Wyandotte. On Nov. 20, Judge Richard Walker, the head of the 9th District of Justice District, said his district began issuing. Administrative directives are in District 8 and 19 for publication as well. Judge Ed Bouker, head of the 23rd State Judicial District, also mentioned he would issue a license even though "... no one has filled out the application yet." This adds the following districts to those who issue licenses: Dickinson, Ellis, Geary, Gove, Harvey, Marion, McPherson, Morris, Rooks, and Trego. The November 24 update by Kansas Equality adds the following countries, which were not listed earlier, as the issuance of licenses: Doniphan, Marshall, and Nemaha. The next day, Kansas Equality confirmed the state's 31st district, adding Allen, Neosho, Wilson, and Woodson Counties. On Dec. 16, Kansas Equality reported that 7 other districts issued such licenses: Clark, Clay, Comanche, Ford, Gray, Kiowa, Meade Counties. Six counties in Judicial District 26 began issuing licenses for the week of December 22: Grant, Haskell, Morton, Seward, Stanton, and Stevens Counties. In all 54 of these districts cover 76% of the state population. The first Judicial District that includes Atchison and Leavenworth approves licensing, as well as the 6th District of Justice, which consists of Miami, Linn, and Bourbon Counties. The 28th Judicial District, which includes Ottawa and the Saline counties, began issuing permits in February. On June 26, the 27th judicial district that includes Reno agreed to start issuing same-sex marriage licenses, bringing the total number of people living in districts that issue same-sex marriage licenses to 86%.
The Judicial District of the four countries has announced that "it will have to wait for another court decision before it will start issuing permission" after the verdict at Moriarty . The countries affected in this decision are: Anderson, Coffey, Franklin, and Osage. Judge David Ricke from the 13-nation Judicial District indicated that the ban would remain, affecting: Butler, Elk and Greenwood County. Twelve more districts reported as deciding to deny marriage licenses to same-sex couples are: Cheyenne, Jackson, Jefferson, Logan, Pottawatomie, Rawlins, Sheridan, Sherman, Thomas, Wabaunsee, and Wallace County. On February 9, most of the remaining districts have announced that they will also refuse to issue licenses. 38 of these districts comprise 12% of the state population.
AS. Supreme Court ruling
Following the decision of the US Supreme Court at Obergefell v. Hodges on June 26, 2015, which decides that the refusal of marriage rights for same-sex couples is unconstitutional, the number of districts issuing marriage licenses for same-sex couples is increasing steadily. By the afternoon of 30 June, all the district courts had agreed to issue marriage certificates to same-sex couples, although some had not received applications from same-sex couples. On July 9 and 14, 2015, state lawyers announced that the state now fully recognizes marriage of same-sex couples for state benefits, taxation and other purposes.
Order of religious liberation
On July 7, 2015, Governor Brownback issued an executive order to prohibit "state governments from taking discriminatory action against any 'religious or religious leader', or any religious organization that chooses not to participate in marriages inconsistent with religious beliefs held firm or moral belief that marriage should be recognized as a union between one man and one woman. "
Country recognition of same-sex marriage
On June 26, Governor Sam Brownback denounced the Obergefell rule saying "the courts. Activists should not rule out people from this country, who have clearly supported the Kansas Constitution's definition of marriage as between one man and one woman". He then said the country would study the decision. A spokesman for the Governor said: "Our office fully reviews and analyzes decisions to understand the implications and changes in policies to follow and obey the law".
It remains unclear whether or when state institutions will begin to comply with the Supreme Court's ruling for purposes such as filing for a joint tax return and providing couples health benefits, including state Medicaid programs, in respect of same-sex couples married in Kansas or in other jurisdictions. Without making official announcements, some state agencies began to do so on July 6 and July 7, although details of the country's implementation are still unclear as officials make contradictory statements about state policy changes.
On July 9, 2015, it was found that state institutions recognize same-sex marriage. Lawyers for the state filed a motion in federal court to reject lawsuits against state institutions for not recognizing same-sex marriage, arguing that agencies now treat same-sex couples as heterosexual couples, eliminating the need for litigation. The State acknowledges in brief that "driver licensing applications are handled in the same way to all couples who marry whatever gender of the parties... and the Kansas federal income tax returns filed together now is accepted for all married couples." A spokeswoman from the Governor's office announced on July 14 that same-sex married couples will be able to file a combined tax refund for the 2014 fiscal year.
Ongoing litigation
On August 10, 2015, Judge Crabtree granted the plaintiff at Marie v. Moser the special help they seek, but the deferred decision on their request for a command that prohibits applying Kansas wedding rights to the same-sex couples.
On July 22, 2016, Judge Crabtree issued the final decision at Marie v. Moser . He denied the state movement that the case was disputed considering Obergefell considering the failure of state officials to comply with the US Supreme Court ruling consistently. He issued a permanent order to the enforcement of marriage rights for same-sex couples. He pointed out that the court will maintain supervisory oversight for three years, allowing anyone who believes a state official disobeyed an order to address their complaint to trial rather than file a new lawsuit.
Economic impact
According to a study conducted by the Williams Institute in 2015, Kansas will see more than 2,000 same-sex marriages within the next three years, which could add $ 14.1 million to the country's economy.
Domestic partnership
Lawrence
On May 22, 2007, Lawrence City Commission voted 4-1 to support the creation of a domestic partnership partnership. On August 1, 2007, the regulation came into force.
Topeka
On May 20, 2014, the Topeka City Council voted 5-3 to support the creation of a domestic partnership registry. This procedure takes effect on June 30, 2014.
Public opinion
See also
- LGBT Rights in Kansas
- same sex marriage status
- same-sex marriage line
- same-sex marriage in the United States
References
External links
- Memorandum and Order, Marie v. Moser, US District Court for Kansas, November 4, 2014
- Lifting Orders, Schmidt v. Moriarty , Kansas Supreme Court, November 18, 2014
- Kansas Equality
Source of the article : Wikipedia
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