Kansas Marriage Amendment (2005)
Marriage and Family
|Not on ballot|
The enactment of this amendment meant that the Kansas Constitution was changed through the addition of language that defines marriage as "a civil contract between one man and one woman only" and also by declaring that "any other marriage is contrary to public policy and void." The amendment also prohibits the state from recognizing any other legal relationship that would "entitle the parties in the relationship to the rights or incidents of marriage."
Federal appeals court ruling
On June 25, 2014, a three member panel of the 10th Circuit Court of Appeals struck down bans on gay marriage in the states of Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. This was the first ruling made by a federal appeals court on this issue, which sets a historic precedent that voter-approved bans on same-sex marriage violate the Fourteenth Amendment rights of same-sex couples to equal protection and due process.
The court states:
We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union. For the reasons stated in this opinion, we affirm. 
A recording of the decision can be heard here
United States Supreme Court
On October 6, 2014, the Supreme Court of the United States declined to hear the case appealing the decision of the federal circuit court, thus allowing the ruling of the Tenth Circuit Court to stand and making same-sex marriage "presumptively legal" in Kansas.
United States District Court
On November 4, 2014, United States District Court Judge Daniel D. Crabtree ruled that the state of Kansas cannot prohibit same-sex marriage. Judge Crabtree delayed the ruling from taking effect for a week, allowing state officials to appeal the decision in the U.S. Court of Appeals for the Tenth Circuit. Attorney General Derek Schmidt sought initial en banc review of the case with the Tenth Circuit and asked for a stay of decision while the appeal goes forward. On November 12, 2014, the stay was vacated.
|Kansas Marriage Amendment|
|Overturned Case:Marie v. Moser|
Text of measure
The wording on the ballot said:
- "There is currently no constitutional provision regarding marriage. There is a statute, enacted by the legislature, that defines marriage as a civil contract between two persons who are of opposite sex and declares all other marriages to be contrary to public policy and void.
- A vote for this proposition would amend the Kansas constitution to incorporate into it the definition of marriage as a civil contract between one man and one woman only and the declaration that any other marriage is contrary to public policy and void. The proposed constitutional amendment also would prohibit the state from recognizing any other legal relationship that would entitle the parties in the relationship to the rights or incidents of marriage.
- A vote against this proposition would not amend the constitution, in which case the current statute that defines marriage would remain unchanged but could be amended by future acts of the legislature or modified by judicial interpretation."
Voters in 30 states have approved legislatively-referred constitutional amendments or initiated constitutional amendments prohibiting same-sex marriages at the ballot box. The first constitutional prohibition was in 1998, and the latest one occurred in May 2012. Most of these amendments define marriage along the lines of a "union of one male and one female."
The following constitutional bans were approved by voters, but later overturned by courts:
- Alaska Marriage Amendment, Measure 2 (1998)
- Nevada Marriage Amendment, Question 2 (2002)
- Montana Marriage Verification, Measure CI-96 (2004)
- Oklahoma Marriage Question 711 (2004)
- Oregon Marriage Measure 36 (2004)
- Utah Same-Sex Marriage Ban, Amendment 3 (2004)
- Kansas Marriage Amendment (2005)
- Alabama Sanctity of Marriage, Constitutional Amendment 774 (June 2006)
- Colorado Definition of Marriage, Initiative 43 (2006)
- Idaho Marriage Definition, HJR 2 (2006)
- South Carolina Amendment 1, the Marriage Act (2006)
- Virginia Question 1, Marriage Amendment (2006)
- Wisconsin Marriage Amendment, Question 1 (2006)
- Arizona Marriage Protection, Proposition 102 (2008)
- California Proposition 8, the "Eliminates Right of Same-Sex Couples to Marry" Initiative (2008)
- Florida Definition of Marriage, Amendment 2 (2008)
- North Carolina Same-Sex Marriage, Amendment 1 (May 2012)
Cases overturning the following bans have been appealed to higher courts and are currently stayed:
- Nebraska Marriage Definition Amendment, Initiative 416 (2000)
- Missouri Marriage Definition, Amendment 2 (August 2004)
- Note: Same-sex marriage is legal in St. Louis County and the state recognizes same-sex marriages.
- Mississippi Marriage Definition, Amendment 1 (2004)
- Arkansas Same-Sex Marriage Ban, Proposed Constitutional Amendment 3 (2004)
- South Dakota Marriage Amendment (2006)
- Texas Definition of Marriage Act, Proposition 2 (2005)
The following constitutional bans were approved by voters and have been upheld or not overturned by courts:
- Louisiana Marriage Amendment, Question 1 (September 2004)
- Georgia Marriage Amendment, Question 1 (2004)
- Kentucky Marriage Amendment (2004)
- Michigan Marriage Amendment, Proposal 2 (2004)
- North Dakota Definition of Marriage, Constitutional Measure 1 (2004)
- Ohio Issue 1, the Marriage Amendment (2004)
- Tennessee Same-Sex Marriage Ban, Amendment 1 (2006)
The following constitutional bans were defeated by voters:
- Note: Arizonans defeated a measure in 2006, but approved one in 2008, which has been overturned.
- Campaign donations pro and con
- Kansas Marriage Amendment
- Kansans easily pass marriage measure
- Kansas election statistics (From the drop-down menu, choose "2005 Constitutional Amendment Results by County (Excel)")
- Kansas voters approve marriage amendment, March 18, 2005
- Salt Lake Tribune, "10th Circuit Court upholds same-sex marriage," June 25, 2014
- LA Times, "Federal appeals court overturns Utah's ban on gay marriage," June 25, 2014
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- ABC News, "Appeals Court: States Can't Ban Gay Marriage," June 25, 2014
- The Guardian, "US supreme court decision paves way for sweeping expansion of gay rights," October 6, 2014
- SCOTUS Blog, "A trial judge's ruling on same-sex marriage, and more," November 4, 2014
- United States Supreme Court, "Order in Pending Case," accessed November 17, 2014
State of Kansas
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