Late this afternoon the ACLU of Kansas filed a lawsuit against district court clerks in Douglas and Sedgwick counties for their refusal to issue marriage applications to two same-sex couples, despite the 10th Circuit Court of Appeals lifting its stay on marriage for same-sex couples on Monday.
After days of waiting for decisions on their marriage application today, many gay and lesbian Kansans received word that after applying for a marriage license and waiting for the three day required decision, their application was denied.
To date only one couple has received an approved marriage application by The Hon. Kevin Moriarty, the chief judge of the 10th Judicial District in Johnson County. Today the Kansas Supreme Court issued a stay on this judge's decision to approve marriage licenses for same-sex couples.
Since then, Kansas Attorney General Derek Schmidt has instructed courts to deny marriage license approval for same-sex couples.
The ACLU of Kansas will file a motion for preliminary injunction and temporary restraining order over the weekend and will seek to have it heard promptly next week.
“The ACLU of Kansas understands that the freedom to marry is an important right. Marriage equality is the law in more than 25 states now,” said Susan Estes, Board President of the ACLU of Kansas, “and it’s time for marriage equality in Kansas. All loving and committed couples – without restrictions of state lines or sexual orientation – should have access to the protections that marriage provides.”
State officials’ actions clearly disregard precedent set by the 10th Circuit Court holding that it is unconstitutional to exclude same-sex couples from the protections of marriage and that the state is required to comply with the decision. The ACLU of Kansas plans to see the fight for marriage equality through until every couple is protected equally under the law.
For more information about the ACLU of Kansas, please visit: ACLU“