Marriage license changes aimed at protecting personal info

The Kansas Supreme Court has limited access to some marriage license information that had been an open record for decades.

The changes are expected to affect the ways journalists, genealogists and others conduct research. The changes went into effect Oct. 1.

In the past, all information on marriage license applications, including personal identifiers such as Social Security numbers, was considered an open record. But under the changes, most of the information is now closed.

Publicly available information now excludes an applicant’s:

▪ Social Security number

▪ Date of birth

▪ City of birth

▪ Mother’s maiden name

▪ Any other information deemed confidential by the Kansas Department of Health and Environment

The changes were made in an effort to protect personal information provided by those applying for marriage licenses in Kansas “while continuing to provide a record of the marriage,” Supreme Court spokeswoman Lisa Taylor said.

Applicants’ names, ages and hometowns are still public record and must be disclosed by district courts under the rule changes. That information will be publicly available on what’s being called a “limited marriage license record.” District courts issue marriage licenses.

Doug Anstaett, president of the Kansas Press Association, said in an e-mailed statement that while he understands the privacy concerns that led to the policy changes, the Supreme Court should have worked more closely with the news media and genealogists to reach a conclusion that didn’t hamper reporting and research efforts.

He and the press association, which represents newspapers statewide, opposed the rule changes.

“As it stands now, while newspapers will in most cases get much of the information they have published in the past, they will not be able to confirm that information through the independent means so important to the reporting process,” Anstaett said, adding, “Meanwhile, genealogists will be left in the dark, spelling real trouble for those trying to trace their ancestry through the detailed public records that were available before.”

Taylor said the Supreme Court asked for the public’s input on proposed changes to the rules during two month-long comment periods earlier this year.

The initial proposed changes, open to public comment in March, were modified to reflect citizens’ input, she said. The modified proposals were opened to public comment in July.

Anstaett said he thinks the Supreme Court also should have held a public hearing to discuss concerns raised by opponents rather than simply announcing the rule changes and “avoiding the public scrutiny usually afforded modifications in the way government operates.”

Those who applied for marriage licenses prior to Oct. 1 can petition their district courts to close or restrict access to their personal identifying information. Closures and redactions will be made at a judge’s discretion.

This story was originally published October 12, 2015 at 10:18 PM with the headline "Marriage license changes aimed at protecting personal info."