Brownback issues statement on Supreme Court’s refusal to rule in same-sex marriage cases

TOPEKA (KSNT) – Governor Sam Brownback Monday issued the following statement in response to the Supreme Court’s refusal to accept any of the same-sex marriage cases that were pending on writs before it:

“I swore an oath to support the Constitution of the State of Kansas.  An overwhelming majority of Kansas voters amended the Constitution to include a definition of marriage as one man and one woman. Activist judges should not overrule the people of Kansas.”

Later in the day, Kansas Attorney General Derek Schmidt said he was disappointed in the high court’s decision.

Kansas is one of the states with laws prohibiting same-sex marriages, although some cities like Topeka have domestic registries.

“Today’s unexpected and disappointing decision,” said Schmidt in a written statement “to avoid the issue ensures that an already uncertain legal situation for Kansas and many other states will become even more so.”

Schmidt said in June the state would not join in any of the cases considered by the high court, saying Kansas would wait to see what happened with Utah’s appeal that’s its same-sex ban was unconstitutional. That appeal was one of the three rejected by the court.

“My office is consulting with the Governor’s office and with other state affected,” said Schmidt “directly or indirectly, by today’s decision and will deal with pending or future litigation directly affecting the Kansas constitutional provision as it may come.”

Schmidt was referring to a threatened lawsuit by the ACLU of Kansas and Western Missouri. The organization has said it will file a challenge to the Kansas constitutional amendment as soon as they can find plaintiffs to represent.

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