Kansas Supreme Court to begin deliberating same-sex marriage case Monday

TOPEKA – The Kansas Supreme Court announced Thursday that it will begin deliberating at 8 a.m. Monday, Nov. 17, the original mandamus action filed with the court on the topic of same-sex marriage licenses.

The court will release its decision as soon as it is able to following deliberations.

On Oct. 10, Attorney General Derek Schmidt filed a petition for a writ of mandamus against a Johnson County District Court judge who issued an administrative order directing the court clerk in the 10th judicial district to issue marriage licenses to same-sex couples. Schmidt’s petition asked the court to stop Johnson County District Court from issuing same-sex marriage licenses.

The matter was scheduled for hearing on Nov. 6. On Nov. 5, the Supreme Court cancelled the Nov. 6 hearing and issued an order to show cause. The order continued an earlier stay of the Johnson County District Court judge’s administrative order and instructed the parties to show cause by 5 p.m. Nov. 14 why the stay should or should not remain in effect pending resolution of a separate case filed in federal district court that challenged Kansas’ laws prohibiting same-sex marriage.

The parties were also ordered to show cause why the Kansas Supreme Court’s consideration of the mandamus action should or should not be stayed pending final resolution of the federal case.

All documents related to this case are available on Kansas Judicial Branch website at www.kscourts.org under the listing State v. Moriarty in the “What’s New” section of the home page.

Information provided by the Kansas Supreme Court.

2 Responses to Kansas Supreme Court to begin deliberating same-sex marriage case Monday

  1. lzambeni says:

    This is just ridiculous and Scmidt's foot-dragging is in violation of the Supremacy Clause of the US Constitution and could be viewed as contempt of court. Of course the KS Supreme Ct should lift their stay – they shouldn't even be discussing a stay! That has been legally settled at the FEDERAL level. The Federal District Court, the 10th Circuit Court have both said the KS marriage ban is unconstitutional and the Federal District Court, the 10th Circuit Court now even SCOTUS has ruled that the stay must be lifted.

    The KS Supreme Court does NOT have supremacy over the FEDERAL courts! The Federal rulings have all been clear: marriages need to proceed in EVERY county in KS.

    The Supremacy Clause (Wikipedia):

    The Supremacy Clause is the provision in Article Six, Clause 2 of the United States Constitution that establishes the United States Constitution, federal statutes, and treaties as "the supreme law of the land". It provides that these are the highest form of law in the United States legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either a state constitution or state law of any state.

    Supremacy Clause:

    "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."

    • Insurgent says:

      The US Constitution does not really mean very much—————————–it is just words on paper———————————————————————–or at least, that is the way it has been treated since January 2009 in DC !!!

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