Kansas Same Sex Couple Refused Marriage License Hours After SCOTUS Announcement

A same sex couple in Wichita were refused a marriage license Monday, hours after a surprise announcement from the US Supreme Court may clear the way for same sex marriages in Kansas, without notice, the High Court announced it would not take up the cases from Oklahoma and Utah trying to uphold those state’s bans against same sex marriage.
Kansas is in the same federal judicial circuit as those two states. Lower courts in the 10th Circuit have ruled those Oklahoma and Utah bans on same sex marriages unconstitutional
Since Kansas is in the same circuit, its constitutional ban against same sex marriages is affected by the Supreme court Decisions not to hear the cases from the same jurisdiction. The controlling Lowser courts have ruled those same sex bans unconstitutional so means other same sex marriage bans in the 10th circuit are unconstitutional.
Two other federal circuits are affected by the case, the 4th Circuit, which covers the mid-Atlantic states of the South . The other is the 7th Circuit of the Upper Midwest.
Missouri is not affected because is it part of the another judicial circuit, the 8th.
A Wichita couple, Kerry Wilks and donna DeTrani asked for a marriage license at the Sedgwick County Courthouse Monday afternoon.
Wilks says Sedgwick County judge James Fleetwood refused to issue one to them.
Wilks says the judge respectfully told them he was waiting for a “mandate” from the Court, according to Wilks.
The Kansas Chapter of the American Civil Liberties Union believes the decision in Washington is profound.
“I think the writing is on the wall,” says Doug Bonney of the ACLU, “ same sex marriage is here.”
Bonney says the ACLU is now looking for a same sex couple to act as plaintiffs for a test case.
In Missouri, Attorney General Chris Koster announced, in light of the Supreme Court move, the state would not appeal a same sex ruling last week from a Kansas City judge.
The judge ruled Missouri, which also bans same sex marriages within the state, must recognize legally married same sex couples who’s marriages were performed in states where they are legal.

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