Judicial district includes Ellis, Gove, Rooks and Trego counties
After an administrative order by Chief Judge Edward Bouker, clerks from the 23rd Judicial District will not issue same-sex marriage licenses. The district includes Ellis, Gove, Rooks and Trego counties.
After the recent federal Supreme Court decision not to review challenges to same-sex marriage, marriage licenses have been approved nationwide, including in Johnson County, Kansas.
However, Bouker warned none of the pending challenges were related to the Kansas Constitution, Article 15, §16, which defines marriage as between one man and one woman.
“If the court were to issue a license to same sex applicants and the appellate courts later hold that Article 15, §16 does not violate the United States Constitution, the parties’ marriage would be void,” Bouker wrote.
“Therefore, the Clerks of the District Courts of the 23rd Judicial District shall not issue a marriage license to applicants of the same sex,” Bouker continued. “When the Clerk rejects the application, the Clerk shall give the applicants a copy of this order.”
Click here to see the entire order.
As of noon Friday, the 20th Judicial District, which encompasses Barton, Ellsworth, Rice and Russell counties, had not received an application for a same-sex marriage license.
“If we receive an application, we are being instructed to accept the application and at that time Judge Mike Keeley will make a decision,” District Court Administrator John Isern said. “Since we have not received a request, he has not had to make that decision.”
Related story: State’s first same-sex marriage license issued.