State of Kansas v. Moriarty (Kansas AG proceeding in state Supreme Court to block marriages) The Kansas Supreme Court just lifted the temporary stay that blocked issuance of marriage licenses in Johnson County. This case was an action in which the states attorney general asked the Kansas Supreme Court to declare Chief Judge Moriarty of the Kansas 10th Judicial District as having exceeded his authority when Judge Moriarty ordered marriage licenses to be issued in Johnson County. The Court temporarily stayed the effect of Judge Moriartys order while it considered how to proceed. Following the federal court action, the AG expanded his request to ask that the Court provide guidance as to how the federal injunction impacts other counties in the state. In this order, in addition to lifting the temporary stay, the Court: - Orders that further proceedings in this KS SC action will be put on hold pending the federal courts final resolution in the federal court. - Declines to provide guidance as to the scope of the federal injunction because among other things, Kansas courts do not render advisory opinions. - Makes clear this doesnt decide the substance of the action brought by the AG; that will be deferred until after the Court takes up the case again when the federal action is final. Also, - Judge Moriarty was within his jurisdiction to weigh the authorities and make a determination whether couples asking for a license were legally entitled to one. - The court emphasize[s] that we are not concluding that Chief Judge Moriarty was correct in determining the Kansas ban was constitutional... but making that determination was within his jurisdiction - as it is with all district court judges ... some of whom have reached a different conclusion. - As to the injunction from the federal court, ... while arguably, only two judicial districts are directly affected by the injunction, the federal district courts rationale underlying its order is not as localized as the State argues. - But we need not make an express determination about the breadth of the federal injunction for the purposes of deciding the limited issue before this court.
Posted on: Tue, 18 Nov 2014 23:21:04 +0000
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