Though the Kansas Supreme Court declined to say whether all Kansas judicial districts should allow same-sex marriages (it doesn’t render advisory opinions), it is clear from its order Tuesday that Kansas’ same-sex marriage ban should be lifted statewide. Attorney General Derek Schmidt had attempted to block Johnson County from allowing same-sex marriages, arguing that a recent federal court ruling declaring Kansas’ ban unconstitutional applied only to Sedgwick and Douglas counties, where the plaintiffs in that particular case live. But the Supreme Court’s order stated the obvious: “The federal court’s decision was not based on some peculiar quirk in those specific judicial districts’ operations,” and “that court approached its decision as a facial challenge to the Kansas ban, not simply as applied in those particular judicial districts.” – Phillip Brownlee
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