Kansas couples wait for courts: "Enjoy the roller coaster"
“We could very well still have marriages on Wednesday. Or not. Enjoy the roller coaster!” That was Equality Kansas executive director Tom Witt’s message to EK members on Monday, November 10.
Lesbian and gay couples eager to marry in Kansas may know late this afternoon whether they can be legally married on Wednesday.
On election day, Nov. 4, federal District Judge Daniel Crabtree issued an injunction ordering Kansas to suspend its ban of same-sex marriage. He gave the state until 5pm Nov. 11 to appeal his ruling. The state’s attorney general appealed to the 10th Circuit, which refused to grant a stay to the order, on Friday, Nov. 7.
The attorney general then appealed to the US Supreme Court. On Monday, Nov. 11, Justice Sonia Sotomayor issued a stay of Judge Crabtree’s order, but directed the parties to respond to that action by 5pm EST today (4pm CST).
According to Witt, “Given that tomorrow is a legal holiday and courts across the state and nation will be closed, she's clearly in a hurry to resolve the Kansas question as quickly as possible.”
Shortly before the action by Justice Sotomayor, Chief Judge Wayne Lampson of Wyandotte County District Court issued an administrative order, citing the injunction by Judge Crabtree. Judge Lampson ordered the county to begin issuing licenses to same-sex couples, and perform marriages. The Supreme Court action appears to put that order on hold.
Wyandotte County and Kansas City, KS operate under a unified government system. City and County offices are closed today due to the Veterans Day holiday.
In other court action in the state, the Kansas Supreme Court, which on October 10 had ordered the ban on marriage to continue, pending a hearing on November 6. After Judge Crabtree’s ruling, the state Supreme Court cancelled the Nov. 6 hearing, apparently awaiting events in the federal courts.
So at this point, all eyes are on Justice Sotomayor and the Supreme Court today. Kansas couples remain hopeful that they can marry soon.
Compiled from AP stories and Equality Kansas posts on Facebook.
The Gayly – November 11, 2014 @ 10:15am