Sign Up to Receive Email Action Alerts From Issa Exposed

Full panel of Tenth Circuit judges won’t hear Kansas marriage case

LGBT Legal Cases Marriage equality Marriage Equality Trials

Tenth Circuit Court of AppealsThe Tenth Circuit Court of Appeals has declined to hear the challenge to Kansas’ same-sex marriage ban en banc, or, with all Tenth Circuit judges. The decision means that the case will be heard by a three-judge panel, and that panel is bound by Kitchen v. Herbert and Bishop v. Smith to invalidate the state’s ban.

The US Supreme Court and the Kansas Supreme Court lifted stays in two marriage cases last month, so same-sex couples are able to marry in the state.

Thanks to Equality Case Files for these filings


  • 1. guitaristbl  |  December 3, 2014 at 8:08 am

    I think they will go down South Carolina's road here : Petition for cert, asking SCOTUS to skip the appeals court. It's not like they have much of a chance with any other alternative…

  • 2. Jen_in_MI  |  December 3, 2014 at 8:59 am

    Of course, another GOOD alternative would be to stop playing these petty games and allow equality to unfold the way it should based on circuit precedent. THAT would be my preference for sure! 🙂

  • 3. Pat_V  |  December 3, 2014 at 9:17 am

    Is the circuit court really supposed to get this appeal briefed, arrange a hearing, etc? Can't they just say: "Nope. Case moot under circuit precedent. See Kitchen, see Herbert. Done."

  • 4. Raga  |  December 3, 2014 at 9:19 am

    They certainly could, either on their own, or with a nudge from the Plaintiffs on a motion for summary disposition.

  • 5. RemC_Chicago  |  December 3, 2014 at 9:50 am

    Let's hope the Plaintiffs choose to go with this option.

  • 6. LK2013  |  December 3, 2014 at 2:54 pm

    Yes, summary disposition please !!!

  • 7. Wolf of Raging Fires  |  December 3, 2014 at 9:50 am

    Is Kansas still in patchwork mode or have they stopped being pedantic?

    Obviously aside from their appeals…

  • 8. franklinsewell  |  December 3, 2014 at 10:25 am – Equality Kansas says 29 out of the 105 counties in Kansas are issuing licenses, but that "There are currently NO state agencies that are recognizing any same-sex marriage, whether performed in Kansas or out-of-state."

  • 9. Jen_in_MI  |  December 3, 2014 at 11:31 am

    And here I thought Republicans were all about "respecting the rule of lawr" – unless of course they don't like the law. Convenient, that.

  • 10. DACiowan  |  December 4, 2014 at 6:52 am

    I am so ready for a final resolution in Kansas. Even if It takes the Supreme Court denying cert on his case to shut up Brownback, just file already.

Having technical problems? Visit our support page to report an issue!