Restrictions on same-sex unions
On April 4, 1996, the Kansas State Senate voted 39–1 in favor of a bill banning same-sex marriage and recognition of same-sex marriage performed outside of state. The Kansas House of Representatives also passed the bill, and it was signed into law by Governor Bill Graves on April 11, 1996. On January 20, 2005, the State Senate voted 28–11 in favor of Kansas Amendment 1, a constitutional amendment banning same-sex marriage and the "rights or incidents of marriage". The House of Representatives voted 86–37 in favor of the amendment on February 2, 2005. On April 5, 2005, Kansas voters approved the amendment by a margin of more than 2 to 1. On January 26, 2017, Tom Witt, executive director of Equality Kansas, submitted bills to the Kansas Legislature to repeal the state's now-defunct constitutional ban on same-sex marriage and make appropriate changes in statutory law. The measures were unsuccessful.Lawsuits and recognition of some same-sex marriages
''Nelson v. Kansas Department of Revenue''
On December 30, 2013, private lawyers in Topeka, Kansas, Topeka filed a lawsuit in state court on behalf of two same-sex couples, Roberta and Julia Woodrick of Lawrence, Kansas, Lawrence and Michael Nelson and Charles Dedmon of Alma, Kansas, Alma, seeking recognition of their marriage licenses from other jurisdictions in order to be allowed to file joint state income tax returns. The lawsuit, ''Nelson v. Kansas Department of Revenue'', stemmed from the June 2013 Supreme Court ruling in ''United States v. Windsor'' striking down part of the ''Defense of Marriage Act'', after which federal Internal Revenue Service accepted joint income tax returns only if the couple's state of residence recognized the marriage. The plaintiffs' attorneys in ''Nelson'' argued that the Kansas Department of Revenue and the Constitution of Kansas, Kansas Constitution's definition of marriage made it impossible for the plaintiffs to file their state taxes honestly.Tenth Circuit Court of Appeals precedent
The Supreme Court of the United States, U.S. Supreme Court declined to hear two cases from the Same-sex marriage in the Tenth Circuit, Tenth Circuit Court of Appeals on October 6, 2014, ''Kitchen v. Herbert'' and ''Same-sex marriage in Oklahoma#Bishop v. Smith, Bishop v. Smith''. This left decisions that found Same-sex marriage in Utah, Utah's and Same-sex marriage in Oklahoma, Oklahoma's bans on same-sex marriage unconstitutional as binding precedent on federal courts in Kansas. Legal experts expected Kansas to be required to allow same-sex marriage before long.''Schmidt v. Moriarty''
On October 8, Chief District Judge Kevin P. Moriarty of the state district court for Johnson County, Kansas, Johnson County, the most populous in the state, directed the Municipal clerk, county clerk to issue marriage licenses to same-sex couples. A statement from Governor Sam Brownback said, "An overwhelming majority of Kansas voters amended the constitution to include a definition of marriage as one man and one woman. Activist judges should not overrule the people of Kansas." Kansas Attorney General Derek Schmidt said he was prepared for litigation and noted that the Kansas ban on same-sex marriage had not been invalidated in court. Schmidt filed a lawsuit in the Kansas Supreme Court, ''Schmidt v. Moriarty'', asking the court to order Moriarty to stop issuing the licenses. Later that day, Kansas Chief Justice Lawton Nuss issued a temporary injunction suspending Moriarty's order authorizing the issuance of marriage licenses to same-sex couples "[i]n the interest of establishing statewide consistency" on the question of issuing licenses to same-sex couples, but the court allowed for the continued acceptance of applications for marriage licenses. On November 13, following a federal court decision striking down the state's same-sex marriage ban in ''Marie v. Moser'', Judge Moriarty asked the court to lift its temporary Stay of execution, stay and allow him to issue licenses to same-sex couples. On November 18, the court ruled that Judge Moriarty was "within his jurisdiction" in ordering the issuance of marriage licenses to same-sex couples and lifted its stay, leaving other issues, including whether Moriarty's legal judgment was correct, to be resolved pending the final outcome of ''Marie''.''Marie v. Moser''
Once the decisions of the Tenth Circuit Court of Appeals in ''Kitchen v. Herbert'' and ''Bishop v. Smith'' became binding precedent on federal courts in Kansas, the American Civil Liberties Union (ACLU) filed a lawsuit, ''Marie v. Moser'', in the United States District Court for the District of Kansas, U.S. District Court for the District of Kansas on October 10 on behalf of two lesbian couples who had been refused marriage licenses since the Supreme Court declined to review those decisions. The suit named as defendants Robert Moser, Secretary of the Kansas Department of Health and Environment (KDHE), and two district court clerks. Judge Daniel D. Crabtree heard oral arguments on October 31. On November 4, he ruled that "[b]ecause Kansas' constitution and statutes indeed do what ''Kitchen'' forbids, the Court concludes that Kansas' same-sex marriage ban violates the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment to the Constitution". He stayed enforcement of his ruling against state officials until 5 p.m. on November 11 unless the state defendants informed the court before then that they would not appeal the decision. The Tenth Circuit Court of Appeals rejected the state's request for a stay pending appeal. The Westboro Baptist Church sought to Intervention (law), intervene in the suit without success. Anticipating the expiration of Judge Crabtree's temporary stay, Chief Judge Wayne Lampson of the state district court in Wyandotte County ordered his court's clerks to issue marriage licenses to same-sex couples beginning on November 12. The state defendants asked Supreme Court Justice Sonia Sotomayor, as Circuit Justice for the Tenth Circuit, to issue a stay pending appeal, and on November 10 she granted a temporary stay pending consideration of their request. In their briefs, the parties disputed the significance of the order issued by the Kansas Supreme Court in ''State v. Moriarty'' and of the recent decision of the United States Court of Appeals for the Sixth Circuit, Sixth Circuit Court of Appeals in ''DeBoer v. Snyder''. The Supreme Court denied the state's request for a stay on November 12, 2014, allowing the district court order to take effect. Attorney General Schmidt said that order only applied to Douglas County, Kansas, Douglas and Sedgwick County, Kansas, Sedgwick counties. On November 26, the plaintiffs amended their complaint to include three additional couples as plaintiffs and three additional defendants: the Secretary of the Kansas Department of Revenue, the Director of the Division of Vehicles, and the Director of the State Employee Health Plan. On December 2, the Tenth Circuit denied the state's request for an initial hearing ''en banc'' of their appeal. On December 8, the plaintiffs asked the court to extend its order to cover the three additional defendants and "any officers, agents, servants, employees, attorneys, other persons who are in active concert or participation with them". On December 10, the three original named defendants asked the district court to remove them as defendants. Moser wrote that he had resigned on November 30 after complying with the court's order, though stayed, by modifying the state's marriage license forms to accommodate same-sex couples, leaving no further action to be compelled from his successor. He and the two clerks noted that the plaintiffs had not married even though they were able to do so and that the plaintiffs had no ongoing dispute with the clerks and therefore no longer had Standing (law), standing. The plaintiffs' briefs in reply noted that Moser was named in his official capacity and is therefore succeeded as the principal named defendant by Susan Mosier, Interim Secretary of the KDHE. They noted that the duties of that office extend beyond providing marriage license forms and include "supervising the registration of all marriages" and related activities. They argued that the clerks' compliance with a preliminary injunction does not moot the case and that the "plaintiffs are entirely within their rights in adjusting the timing of their marriage so that their claims do not become moot before final judgment is entered." Despite the replacement of Moser as Secretary of KDHE by Mosier, the case remained ''Marie v. Moser''. The new state defendants filed a motion to dismiss on January 20, 2015. Unlike most state officials' briefs, it cited section 2 of the ''Defense of Marriage Act'' to defend the state's refusal to recognize same-sex marriages from other jurisdictions. On March 17, Judge Crabtree rejected the defendants' motions to Stay of proceedings, suspend proceedings pending action in similar cases by the U.S. Supreme Court. He gave them until April 13 to respond to the plaintiffs' motion for summary judgment. On August 10, 2015, Judge Crabtree issued an order declaring that "Article 15, § 16 of the Kansas Constitution, ... and any other Kansas statute, law, policy, or practice that prohibits issuing marriage licenses to same-sex couples in Kansas or recognizing such marriages on the same terms and conditions that apply to opposite-sex couples contravene the Fourteenth Amendment to the United States Constitution."State agency response
As of November 19, 2014, state executive agencies such as the Division of Vehicles continued to deny recognition to same-sex marriages. Governor Brownback's office said policies would not change as long the state was appealing the ruling in ''Marie'', citing income tax filing as an example. A spokesperson for Governor Brownback said state agencies would "take the necessary legal actions once this issue is resolved." The Department of Health and Environment, on the other hand, under the U.S. district court's order not to enforce the state's ban, modified its marriage license application forms to accommodate same-sex couples.Marriage licenses issued
One same-sex couple married in Kansas in the week following the U.S. Supreme Court's refusal to hear appeals in cases from Oklahoma and Utah on October 6, 2014. The couple applied for a marriage license on October 7, a day when most county clerks were waiting for instructions, and submitted it to their district court the next day. Following the state's 3-day waiting period, they received their license on October 10 and held their wedding service at the Johnson County Courthouse just a few hours before the Kansas Supreme Court issued an injunction to halt to issuance of marriage licenses to same-sex couples there. Several Kansas counties began issuing marriage licenses to same-sex couples for the first time on November 13, 2014, though Attorney General Schmidt contended that the federal court order in ''Marie v. Moser'' only applied to two counties. The head of the LGBT advocacy group Kansas Equality Coalition, Equality Kansas said it was unclear whether all counties were required to issue such licenses, while the ACLU said "[t]he ruling was clear" and applied to all counties. Johnson County remained under a state court's temporary order not to issue such licenses. More counties began issuing licenses on November 17, even while the Kansas Supreme Court was deliberating whether district judges had the authority to authorize them. The National Organization for Marriage (NOM) urged Governor Brownback to "order local clerks to refuse to issue marriage licenses that violate Kansas law defining marriage as the union of one man and one woman." Its president, Brian S. Brown, Brian Brown, said: "The question for the people of Kansas, and indeed the nation, is whether we are going to allow an illegitimate order by federal judges to trump state law and the vote of 70% of the Kansas electorate. Fifty million Americans in over thirty states have voted in support of traditional marriage and it's time that states fight back to protect the decision of those voters." Following the Kansas Supreme Court ruling in ''Schmidt v. Moriarty'', Equality Kansas confirmed that 19 counties were issuing licenses to same-sex couples: Brown County, Kansas, Brown, Chase County, Kansas, Chase, Cherokee County, Kansas, Cherokee, Cloud County, Kansas, Cloud, Cowley County, Kansas, Cowley, Crawford County, Kansas, Crawford, Douglas County, Kansas, Douglas, Jewell County, Kansas, Jewell, Johnson County, Kansas, Johnson, Labette County, Kansas, Labette, Lincoln County, Kansas, Lincoln, Lyon County, Kansas, Lyon, Mitchell County, Kansas, Mitchell, Republic County, Kansas, Republic, Riley County, Kansas, Riley, Sedgwick County, Kansas, Sedgwick, Shawnee County, Kansas, Shawnee, Washington County, Kansas, Washington and Wyandotte County, Kansas, Wyandotte. On November 20, Judge Richard Walker, chief of the state's 9th Judicial District, said his district began issuing. Administrative directives existed in the 8th and 19th districts to issue as well. Judge Ed Bouker, chief of the state's 23rd Judicial District, also mentioned he would issue licenses although "...no one has [yet] filled out an application." This added the following counties to those issuing licenses: Dickinson County, Kansas, Dickinson, Ellis County, Kansas, Ellis, Geary County, Kansas, Geary, Gove County, Kansas, Gove, Harvey County, Kansas, Harvey, Marion County, Kansas, Marion, McPherson County, Kansas, McPherson, Morris County, Kansas, Morris, Rooks County, Kansas, Rooks and Trego County, Kansas, Trego. A November 24 update by Equality Kansas added the following counties, not listed previously, as issuing licenses: Doniphan County, Kansas, Doniphan, Marshall County, Kansas, Marshall, and Nemaha County, Kansas, Nemaha. The following day, Equality Kansas2015 in Kansas confirmed the state's 31st Judicial District was issuing licenses, adding Allen County, Kansas, Allen, Neosho County, Kansas, Neosho, Wilson County, Kansas, Wilson, and Woodson County, Kansas, Woodson. As of December 16, Equality Kansas reported another 7 counties were issuing such licenses: Clark County, Kansas, Clark, Clay County, Kansas, Clay, Comanche County, Kansas, Comanche, Ford County, Kansas, Ford, Gray County, Kansas, Gray, Kiowa County, Kansas, Kiowa, and Meade County, Kansas, Meade. The six counties in the 26th Judicial District began issuing licenses during the week of December 22: Grant County, Kansas, Grant, Haskell County, Kansas, Haskell, Morton County, Kansas, Morton, Seward County, Kansas, Seward, Stanton County, Kansas, Stanton, and Stevens County, Kansas, Stevens. Altogether, these 54 counties included 76% of the state's population. The 1st Judicial District, which includes Atchison County, Kansas, Atchison and Leavenworth County, Kansas, Leavenworth counties, approved issuing licenses, as did the 6th Judicial District, comprising Miami County, Kansas, Miami, Linn County, Kansas, Linn, and Bourbon County, Kansas, Bourbon counties, in January 2015. The 28th Judicial District, which includes Ottawa County, Kansas, Ottawa and Saline County, Kansas, Saline counties, began issuing licenses in February. On June 26, the 27th Judicial District which includes Reno County, Kansas, Reno agreed to start issuing marriages licenses, bringing the total population living in counties that issued same-sex marriage licenses to 86%. The state's 4th Judicial District had announced that it "[would] have to wait for another court ruling before it will begin issuing licenses" after the ruling in ''Moriarty''. Counties affected under this decision were: Anderson County, Kansas, Anderson, Coffey County, Kansas, Coffey, Franklin County, Kansas, Franklin, and Osage County, Kansas, Osage. Judge David Ricke of the state's 13th Judicial District indicated that the ban would remain there as well, affecting Butler County, Kansas, Butler, Elk County, Kansas, Elk and Greenwood County, Kansas, Greenwood counties. Twelve more counties reported as denying marriage licenses to same-sex couples were: Cheyenne County, Kansas, Cheyenne, Jackson County, Kansas, Jackson, Jefferson County, Kansas, Jefferson, Logan County, Kansas, Logan, Pottawatomie County, Kansas, Pottawatomie, Rawlins County, Kansas, Rawlins, Sheridan County, Kansas, Sheridan, Sherman County, Kansas, Sherman, Thomas County, Kansas, Thomas, Wabaunsee County, Kansas, Wabaunsee, and Wallace County, Kansas, Wallace. As of February 9, most of the remaining counties had announced that they would also refuse to issue licenses. These 38 counties comprised 12% of the state's population. Eventually, after the Supreme Court ruling in ''Obergefell'', all List of counties in Kansas, 105 counties had agreed to issue marriage licenses to same-sex couples.U.S. Supreme Court ruling
Following the decision of the United States Supreme Court, U.S. Supreme Court in ''Obergefell v. Hodges'' on June 26, 2015, which ruled that the denial of marriage rights to same-sex couples violates the Due Process Clause, Due Process and Equal Protection Clause, Equal Protection clauses of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment, the number of judicial districts issuing marriage licenses to same-sex couples increased steadily. By the afternoon of June 30, all judicial districts had agreed to issue marriage licenses to same-sex couples, though some had yet to receive an application from a same-sex couple. On both July 9 and 14, 2015, state attorneys announced that the state was now fully recognising the marriages of same-sex couples for state benefits, taxation and other purposes.Religious exemption order
On July 7, 2015, Governor Brownback issued an executive order to prohibit "state government from taking any discriminatory action against any 'individual clergy or religious leader,' or any 'religious organization' that chooses not to participate in a marriage that is inconsistent with its sincerely held religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman."State recognition of same-sex marriages
On June 26, Governor Brownback decried the ''Obergefell'' ruling, saying "Activist courts should not overrule the people of this state, who have clearly supported the Kansas Constitution's definition of marriage as being between one man and one woman". He later said the state would study the decision. A spokesperson said: "Our office is fully reviewing and analyzing the ruling in order to understand the implications and policy changes in order to follow and comply with the law". It remained unclear whether or when state agencies would begin complying with the Supreme Court ruling for such purposes as filing joint Tax return (United States), tax returns and providing spousal health care benefits, including the state's Medicaid program, with respect to same-sex couples married in Kansas or in other jurisdictions. Without making an official announcement, some state agencies began doing so on July 6, and July 7, although details of the state's implementation remained unclear as officials made contradictory statements about the state's policy change. On July 9, 2015, it was discovered that state agencies were recognizing same-sex marriages. Attorneys for the state filed a motion in federal court to dismiss a lawsuit against state agencies for not recognizing same-sex marriages, contending that agencies were now treating same-sex couples the same as heterosexual couples, eliminating the need for litigation. The state acknowledged in the brief that "driver license applications are being handled in the same manner for all married couples whatever the gender of the parties... and Kansas income tax returns filed jointly are now being accepted for all married couples." A spokesperson from Governor Brownback's office announced on July 14 that married same-sex couples would be able to file joint tax returns for the 2014 tax year.Continuing litigation
On August 10, 2015, Judge Crabtree granted the plaintiffs in ''Marie v. Moser'' the specific relief they sought, but deferred judgment on their request for an injunction prohibiting enforcement of Kansas' denial of marriage rights to same-sex couples. On July 22, 2016, Judge Crabtree issued a final ruling in ''Marie''. He denied the state's motion that the case was moot in light of ''Obergefell'' given the failure of state officials to comply with that U.S. Supreme Court ruling consistently. He issued a permanent injunction against the enforcement of Kansas' denial of marriage rights to same-sex couples. He indicated that the court would maintain supervisory oversight for three years, allowing anyone who believed a state official was not complying with the injunction to address their complaint to his court rather than file a new lawsuit.Developments after legalization
In February 2019, seven Republican Party of Kansas, Republican lawmakers introduced the so-called ''Marriage and Constitution Restoration Act'' to the Kansas Legislature. The bill sought to define same-sex marriages as "parody marriages", forbid the state from recognizing such marriages, and establish an "elevated marriage" option for different-sex couples who seek "higher standards of commitment". ''The Wichita Eagle'' reported that the legislation stood very little chance of advancing. Indeed, the bill died at the end of the legislative session on May 29, 2019. One of the bill's sponsors, Representative Ron Highland, later asked to be removed as a sponsor of the legislation. His daughter, who described herself as a "proud member of the LGBTQ+ community in Kansas City", publicly condemned her father's decision to support the bill.Native American nations
The Law and Order Code of the Prairie Band Potawatomi Nation does not expressly forbid same-sex marriages. It states that "all marriages and divorces where an Indian person is a party, whether consummated in accordance with the State law or in accordance with Tribal law or custom, may be recorded in Tribal Court." As a result, same-sex marriages validly performed in another jurisdiction, including in the state of Kansas, are legally recognized on the Prairie Band Potawatomi Indian Reservation, reservation. Similar language is found in the tribal codes of the Kickapoo Tribe of Kansas, and the Sac and Fox Nation of Missouri in Kansas and Nebraska. It is unclear if same-sex marriages are recognized on the Ioway Reservation, reservation of the Iowa Tribe of Kansas and Nebraska as tribal officials have not publicly commented on the issue. Many tribes have traditions of two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. In the Chiwere language, two-spirit people are called (). "The ''mihxóge'' were respectfully treated as a special class of religious leaders. Among the late Iowa people, Baxoje, Otoe, Jiwére-Missouria, Ñút'achi elders, the ''mihxóge'' were still regarded with awe for their spiritual connection and consecrated role in harmony with the Holy Grandfather spirits. [...] They're half man, half woman. And they don't have (heterosexual) relationship(s). They do something (to fulfill needs) among themselves. [...] They're not crazy. They just got that born in them. Born in their nature." Two-spirit people had "visions of female deities or the Moon that served to endorse their identity". Sauk people, Sauk two-spirit individuals, known as (), also characterized their gender role change as "an unfortunate destiny which they cannot avoid, being supposed to be impelled to this course by a vision from the female spirit that resides in the Moon." They were sacred and honored annually with a dance in which only those men who had had sexual intercourse with an ''ayakwa'' were allowed to participate. The Potawatomi (, plural: ''mnedokwék'') were regarded as "esteemed persons with special spiritual powers". They "sought out female company" from an early age, possessed the "work skills" of both sexes and "talked like women". Ruth Landes reported in 1970 that they were "said to possess visions…but not to practice sorcery. [Mnedokwék] exemplified a distinct category of 'power'."Economic impact
According to a study conducted by the Williams Institute in 2015, Kansas would see more than 2,000 same-sex marriages in the following three years, which would add United States dollar, $14.1 million to the state's economy.Demographics and marriage statistics
Data from the 2000 United States census, 2000 U.S. census showed that 3,973 same-sex couples were living in Kansas. By 2005, this had increased to 6,663 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state and constituted 0.7% of coupled households and 0.4% of all households in the state. Most couples lived in Sedgwick County, Kansas, Sedgwick, Johnson County, Kansas, Johnson and Wyandotte County, Kansas, Wyandotte counties, but the counties with the highest percentage of same-sex couples were Kearny County, Kansas, Kearny (0.71% of all county households) and Jackson County, Kansas, Jackson (0.68%). Same-sex partners in Kansas were on average younger than opposite-sex partners, and more likely to be employed. However, the average and median household incomes of same-sex couples were lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 17% of same-sex couples in Kansas were raising children under the age of 18, with an estimated 1,797 children living in households headed by same-sex couples in 2005.Domestic partnerships
On May 22, 2007, the city commission of Lawrence, Kansas, Lawrence voted 4–1 in favor of the creation of a domestic partnership registry. The Local ordinance, ordinance went into effect on August 1, 2007. A similar ordinance was enacted in Topeka, Kansas, Topeka on May 20, 2014, passing by a vote of 5–3. It went into effect on June 30, 2014.Public opinion
See also
* LGBT rights in Kansas * Status of same-sex marriage * Timeline of same-sex marriage * Same-sex marriage in the United StatesNotes
References
External links