Kansas AG seeks to block same-sex marriage licenses after first couple wed

Republican Kansas Attorney General Derek Schmidt went to court Friday to block Johnson County from issuing marriage licenses to same-sex couples.

Schmidt filed a petition with the Kansas Supreme Court just hours after a same-sex couple wed in Johnson County after getting a marriage license.

Schmidt argues that Chief District Judge Kevin Moriarty exceeded his authority when he directed the court clerk to issue the marriage licenses this week.

The attorney general contends that Moriarty didn’t have the power to authorize the licenses in contradiction to the state constitution’s ban on gay marriage.

Moriarty issued his order Wednesday after the U.S. Supreme Court opened the door for same-sex couples to get married in Kansas when it let stand lower-court rulings that found gay marriage bans unconstitutional.

The court did not rule on the Kansas law, but let stand an appeals court ruling that would be binding if there was a challenge brought against the state law.

Some legal scholars believe the state law banning gay marriage will be tossed out when it’s challenged. The American Civil Liberties Union of Kansas is expected to ask a judge to throw out the law next week.

But Schmidt argues – and some legal scholars agree – that Moriarty acted prematurely since there is not a pending challenge against the Kansas law.

The attorney general argues that Moriarty is abandoning “all pretense of objectivity” and rushing to judgment “to declare a victor in a fight that has not yet commenced.”

So far, Johnson County is the only one of 105 Kansas counties where marriage licenses are being issued to same-sex couples. As of Friday morning, the county had received 52 applications from same-sex couple for marriage licenses.

Judges in other counties such as Wyandotte and Douglas counties are waiting until a court rules specifically on the Kansas law banning gay marriage.

The attorney general’s action could affect the marriage of two women from Olathe who married each other Friday morning at the Johnson County Courthouse.

Their ceremony took less than five minutes with a short exchange of vows and rings followed by an embrace and kiss. By 8:23 a.m., they were married.

The Olathe couple said they purposefully did not go to other states to get married because they wanted to be married in Kansas.

“We’ve just been waiting for Kansas to get on board with marriage equality,” Angela said after the ceremony held just outside the court clerk’s office. She and her spouse, Kelli, asked that their last names not be used.

“This is our home state. This is where we live. This is where we pay our taxes. This is where we raise our children.”

More importantly, Kelli said the wedding established the couple along with other Kansas families who are recognized by state law.

“We are hoping that this is a good opportunity for everyone in Kansas to see that we are a normal, regular family,” Kelli said. “We are excited that other families will be recognized as regular families now.”

Angela, 36, and Kelli, 29, were joined at the ceremony by their children, Kelli’s mother and a family friend. The ceremony was conducted by a pastor from the Shawnee Mission Unitarian Universalist Church in Lenexa.

Kelli wore a blue dress with white dots. Angela wore a gray dress.

“I can’t begin to express how big this is for humankind,” said longtime friend Jessica McLaughlin, who witnessed the ceremony. “When two people love each other it’s just such a blessing to be able to commit your lives to each other no matter what. This is very special.”

Republican Gov. Sam Brownback doesn’t agree. He has called for the state to defend its gay marriage ban. He issued a statement Friday supporting Schmidt’s petition to the state’s high court.

“I support that, that marriage is union of a man and a woman, and we will work to defend what the people have expressed and voted at the ballot box to put in their constitution,” Brownback said.

Kelli used the occasion of her wedding to criticize Brownback’s position on gay marriage.

“As a loving family, we don’t support our governor,” Kelli said. “Everybody should be paying attention just not to who loves who, but what’s happening in our state.”

The Wichita Eagle’s Bryan Lowry also contributed to this report.

This story was originally published October 10, 2014 at 10:42 AM.