TOPEKA (KSNT) — Supreme court justice Sonia Sotomayor had given the American Civil Liberties Union until 5 p.m. Tuesday to answer the state of Kansas’ claim that its same-sex marriage ban should remain in effect while it appeals a federal court ruling the ban is unconstitutional.
The lower court was ruling on the ACLU’s lawsuit filed on behalf of two couples the ban violates the civil rights of same-sex couples in Kansas
The ACLU met the deadline saying “granting a stay would impose severe and irreparable harms on same-sex couples and their children.”
“There are things like family leave act where if one of the children get sick you would not be able to take care of that child because as far as the law is concerned here in Kansas you aren’t related to them,” said Dennis Dobson, Topeka Center for Peace and Justice.
Couples in Kansas began seeking marriage licenses in early October after the U.S. Supreme Court refused to hear appeals from five other states seeking to ban same-sex marriage.
With a ruling last week out of Ohio upholding bans in two other states, the ACLU says it appears the high court will have to act to see which of the federal appeals courts are right – but writes the “…theoretical possibility that this court will agree..Does not justify issuing a stay.” to Kansas while it appeals.
“There is nothing to show why there shouldn’t be the same rights for same sex couples as there is for heterosexual,” said Dobson.