Some Kansas counties are denying marriage licenses to same-sex couples.
The 13th Judicial District, which represents Butler, Greenwood and Elk counties, will not issue licenses.
“We take the position that Butler, Greenwood, and Elk counties will deny same-sex marriage license applications in accord with K.S.A. 23-2501 and our state’s constitution until we are convinced that the district is subject to a valid and binding court order which clearly and unequivocally requires the 13th judicial district’s clerks to issue such licenses,” said Hugh N. Zavadil, 13th Judicial District court administrator, in a statement.
Thomas Witt, executive director of Equality Kansas, says many are frustrated by state leaders.
“The root of the problem is not these individual counties or district courts,” Witt said. “The root of the problem is an Attorney General who is talking out the sides of his mouth.”
Kansas Attorney General Derek Schmidt released a statement on Wednesday. It reads:
“The U.S. Supreme Court this afternoon, with two recorded dissents, lifted the temporary stay imposed Monday by Justice Sonia Sotomayor. As a result, the preliminary injunction previously ordered by the federal District Court has entered into effect, and pursuant to it the Defendant district court clerks are:
‘enjoined from enforcing or applying Article 15, § 16 of the Kansas Constitution and K.S.A. § 23-2501 and any other Kansas statute, law, policy or practice that prohibits issuance of marriage licenses to same-sex couples in Kansas.’
“Although the preliminary injunction is in place, it remains under appeal in the 10th Circuit. The underlying case on the merits also remains pending.”
Several other counties, like McPherson, Reno and Saline counties are accepting applications. However, they will not issue licenses until ordered by a higher court.
Witt said the U.S. Supreme Court ruling should apply to the entire state. The Kansas Supreme Court will look at a same-sex marriage case on Monday. Witt expects its ruling will prompt change for all counties.
“Kansas needs to join the majority of the country and allow these same-sex marriages to proceed,” Witt said.