Federal Judge in Kansas Strikes Down State’s Ban on Marriage for Same-Sex Couples

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KANSAS CITY, KANSAS – Kansas Federal Court Judge Daniel Crabtree today overturned the state's ban on marriage for same-sex couples. The decision strikes down the 2005 Kansas Marriage Amendment that defines marriage as a "civil contract between one man and one woman only" in the Kansas Constitution, declaring any other definition of marriage as void. The ruling is temporarily stayed, putting the effect of the ruling on hold until November 11.

"We are immensely pleased that the freedom to marry has finally come to Kansas," said Susan Estes, President of the Board of the ACLU of Kansas. "Today's decision serves as proof that Kansans, like the majority of Americans, believe same-sex couples and their families should be treated just like any other loving family."

The ruling came in Marie, et al., v. Moser, et al., a lawsuit filed October 10, 2014 by the American Civil Liberties Union of Kansas on behalf of two lesbian couples denied marriage licenses in Douglas and Sedgwick counties. Even though binding precedent from the Tenth Circuit, which includes Kansas, has already held that excluding same-sex couples from marriage is unconstitutional, Kansas state officials have continued to enforce Kansas's marriage ban and defend the ban in court.

"Today's victory adds to the tremendous momentum toward full marriage equality to which our country has been building in the past year and, especially, within the past few weeks," said Doug Bonney, Legal Director of the ACLU of Kansas. "The ACLU of Kansas will remain vigilant in opposition to any discriminatory measures put forth to chip away at equal treatment for same-sex couples moving forward."

Court documents for Marie, et al., v. Moser, et al., are available at www.scribd.com/doc/245530706/2-14-cv-02518-29-ORDER. For more information about the ACLU of Kansas visit www.aclukansas.org.