Big Win: Federal judge rules in favor of the freedom to marry in Kansas
November 04, 2014
UPDATED NOVEMBER 12: On Wednesday, two days after Supreme Court Justice Sotomayor granted the state of Kansas' request for a stay in this landmark marriage ruling in Kansas, the U.S. Supreme Court announced that the stay was lifted. Justices Scalia and Thomas noted that they would have allowed the stay to continue.
Today, November 4, United States District Court Judge Daniel D. Crabtree ruled in favor of the freedom to marry in Kansas, issuing a preliminary injunction that forbids state officials from enforcing the ban on marriage for same-sex couples in Kansas. Judge Crabtree placed the ruling on hold until November 11 at 5:00pm - but if the state says it will not pursue an appeal, the stay could be lifted sooner.
This ruling comes less than a month after the Supreme Court denied review of five cases involving the freedom to marry, including cases in Oklahoma and Utah. Because Oklahoma and Utah are in the 10th Circuit, these rulings are binding throughout the circuit, including in Kansas.
This historic ruling was in the case Marie v. Moser, which was filed by the American Civil Liberties Union of Kansas on October 10 on behalf of two same-sex couples seeking to get married in Kansas after one (and only one) same-sex couple was issued a marriage license in Johnson County, Kansas.
Freedom to Marry's National Campaign Director Marc Solomon celebrated the win today. He said:
Yet another judge – this time in Kansas – has found marriage discrimination to be unconstitutional, joining the nearly unanimous, bipartisan wave of pro-freedom to marry rulings in recent months. Attempts to delay the freedom to marry across the country are not only a waste of time and resources, but also prolong the harms and indignity that same-sex couples and their families continue to endure because of marriage discrimination. It is time for the remaining courts to finish the job and ensure the freedom to marry for all loving and committed couples in America.
In the past year, 48 different rulings have been issued from state and federal courts in favor of the freedom to marry for same-sex couples. In only three decisions, judges have ruled to uphold marriage discrimination. See all of the marriage rulings here.
And you can meet one couple who received a marriage license in Johnson County, Kelli and Angela, in our profile.