Marie v. Moser
The Path To Victory:
On November 4, U.S. District Judge Crabtree issued a preliminary injunction and ruled in favor of the freedom to marry, striking down the state's ban on marriage between same-sex couples. The defendants in the case sought an extension of the stay as they appealed the ruling to the 10th Circuit Court of Appeals, and on November 7, the 10th Circuit denied the request. As of November 12, the ruling is in effect.
This lawsuit comes after the Supreme Court decision on October 6 to deny review of the 10th Circuit Court of Appeals in two cases involving the freedom to marry in Oklahoma and Utah, clearing the way for marriage between same-sex couples to begin in those two states. Because these rulings are binding throughout the 10th Circuit, it is likely that Kansas same-sex couples will soon have the freedom to marry. O\
n October 31, a hearing was held in Kansas City, KS on the plaintiffs' Motion for Preliminary Injunction in this case, a federal legal case filed on October 10 by the American Civil Liberties Union of Kansas. The case was assigned to Judge Daniel D. Crabtree and was filed 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.
Nelson v. Kansas Department of Revenue
On December 30, 2013, private lawyers in Topeka, KS filed a lawsuit in state court on behalf of two same-sex couples seeking respect for their out-of-state marriage licenses in Kansas for the purpose of filing their taxes as a married couple.
The lawsuit stems from the June 2013 Supreme Court ruling striking down the core of the so-called Defense of Marriage Act and the implementation of the ruling by the federal government, which declared that under IRS rules, all legally married couples - regardless of where they live - should file their federal taxes as a married couple. The attorneys in Nelson argue that Kansas' Department of Revenue - and a constitutional amendment in Kansas that restricts marriage to different-sex couples - forbids the couples from filing their state taxes honestly - that they would, in fact, have to lie by checking "single" on their state taxes.
The plaintiffs in the case are Roberta and Julia Woodrick of Lawrence and Michael Nelson and Charles Dedmon of Alma. Both couples were legally married in California.