The first same-sex marriage license was issued in Marion County for Kaci Miller and Amanda Horacek Nov. 13, the same day the 8th Judicial District and 19th Judicial District signed an admini?strative order allowing it.
Chief Judge of the 8th Judicial District Michael Powers of Marion said the judges have an obligation to follow the law.
?There are eight judges in the 8th Judicial District,? he said. ?Not all of the judges are in agreement regarding the topic of same sex marriage.?
Powers went on to say that all the judges are in agreement that the Federal District Court findings in the Kail Marie vs. Robert Moser case, and subsequent actions by the 10th Circuit Court of Appeals and United States Supreme Court, provide clear direction on this topic.
The 19th Judicial District, also on Nov. 13, previously prohibited the issuing of marriage licenses to same sec couples.
?Since that time, suit has been brought in the U.S. District Court for the District of Kansas challenging the constitutionality of Article 15 Section 16 of the Kansas Constitution that prohibits the issuance of same sex marriage licenses in the state of Kansas,? it stated.
In Kail Marie, the U.S. District Court issued an injunction prohibiting the Clerk of the Court of Douglass and Sedgwick counties from denying the marriage application of same sex couples.
?Central to the court?s ruling was a finding that the continual denial of said license was a violation of the U.S. Constitution because it resulted in discrimination and a violation of the equal protection clause of the constitution,? the administrative order stated.
An appeal from that order was taken to the 10th Circuit Court of Appeals, where a panel from that appeals court affirmed the action of the district court.
The issue was then appealed to the U.S. Supreme Court; by a vote of 7-2, the Court refused to grant a further stay of the original order prohibiting the issuance of same sex marriage licenses in Kansas.
Powers said: ?As a result (of the 19th Judicial District Administrative Order 14-4), we have issued 8th Judicial District Administrative Order 2014-23.
?This was done as a result of our understanding of the state of the law and not in response to marriages applications or requests from any specific parties.
?We are aware that various litigation regarding this topic is still pending in other courts, but we believe we are bound to, and are, following the law as it currently stands.?
The 8th Judicial District includes the counties of Marion, Morris, Dickinson and Geary.