Federal Judge Blocks Kansas’s Ban on Marriage Equality

BREAKING: With the stay lifted, same-sex couples in Kansas can begin applying for marriage licenses immediately. (November 12, 5:45 p.m. EST)

[On November 4, 2014], U.S. District Judge Daniel Crabtree issued a preliminary injunction in Marie v. Moser, ordering Kansas to stop enforcing its discriminatory ban on marriage for same-sex couples.  Judge Crabtree granted the state’s request for a stay, so no marriages will begin until 5:00pm CST on November 11.

Kansas was the only remaining state within the jurisdiction of the Tenth Circuit Court of Appeals, which ruled earlier this year that bans on marriage equality violate the U.S. Constitution.  Those rulings were allowed to stand when the Supreme Court of the United States declined to hear the cases on appeal, paving the way for marriage equality to become law in all states within the Tenth Circuit where marriage bans were still in effect – Colorado, Wyoming and now, Kansas.

“Kansas’ same-sex marriage ban does not differ in any meaningful respect from the Utah and Oklahoma laws the Tenth Circuit found unconstitutional,” Judge Crabtree writes.  “Because Tenth Circuit precedent is binding on this Court, Kitchen and Bishop dictate the result here.”

The state now has the option to appeal today’s order to the Tenth Circuit, which has already ruled such marriage bans unconstitutional.

With Kansas, 33 states will have marriage equality.  Congratulations to the plaintiff couples, the ACLU and all those working to secure marriage equality nationwide in America!

Source: HRC Blog, “Federal Judge Blocks Kansas’s Ban on Marriage Equality,” November 4, 2014 by Charlie Joughin

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