A Kansas state judge told the Johnson County district court clerk Wednesday to move forward with issuing marriage licenses to same-sex couples. The order comes two days after the Supreme Court decided to not rule one way or the other on the question of the constitutionality of gay marriage. The Kansas state ruling is designed to "provide guidance and prevent confusion" on that issue.
Because the Tenth Circuit court ruled against same-sex marriage bans in Utah and Oklahoma, they are now precedent for other states in the circuit, which includes Kansas, yet Kansas law also sanctions officials who issue same-sex marriage licenses, reported Think Progress.
"Our district court clerks and judges are entitled to protection from laws that are unconstitutional," wrote Chief District Judge Kevin Moriarty of Johnson County in his order. Officials should be "free of any ambiguity or inconsistency in the administration of justice, including the issuance of marriage licenses."
Johnson County, the most populous county in the state, is now officially the first place in the Kansas City area that same-sex couples can legally marry.
But some of Judge Moriarty's fellow judges across the state have different opinions on the matter. Reno County Chief Judge Patricia Macke Dick "denied at least one couple a license this week, later saying she had no choice but to deny the license because Kansas' same-sex marriage ban, specifically, had not been overturned," reported The Kansas City Star.
Both Attorney General Derek Schmidt and Gov. Sam Brownback expressed dismay over court rulings that would trump the state's laws and constitution on the issue, said The Star.
Brownback's office released a statement Wednesday reiterating its stance on same-sex marriage in Kansas.
"An overwhelming majority of Kansas voters amended the constitution to include a definition of marriage as one man and one woman," the governor's statement read. "Activist judges should not overrule the people of Kansas."
