Federal Judge in Kansas Overturns Same-Sex Marriage Ban: Implications for Virginia Divorces

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Our Virginia divorce attorneys, along with family law professionals nationwide, have been closely following developments in Kansas, where a legal battle is unfolding over same-sex marriages.

Judge Strikes Down Kansas Same-Sex Marriage Ban

As the country turned out to vote in the midterm elections, a federal judge in Kansas City, Judge Daniel Crabtree, struck down Kansas’s 2005 Marriage Amendment. This amendment, passed by a popular vote with over 70% support, restricted the definition of marriage to “a civil contract between one man and one woman only.” Judge Crabtree cited the 10th Circuit Court of Appeals decision in Kitchen v. Herbert to argue that the ban on same-sex marriage violates the 14th Amendment.

Legal Response and Supreme Court Involvement

The decision set off a flurry of legal activity. Kansas Attorney General Derek Schmidt responded on November 10th by asking the U.S. Supreme Court to intervene. Schmidt argued that allowing same-sex marriages would cause “severe harm to [Kansas’s] sovereign dignity.” Supreme Court Justice Sonia Sotomayor temporarily blocked same-sex marriages in Kansas, granting time for the American Civil Liberties Union (ACLU) to respond to Schmidt’s request. This move suggests that same-sex marriages could be reinstated at any moment, depending on the court’s final decision.

The Changing Landscape of Same-Sex Marriage Laws

This situation is part of a broader national debate over the legality of same-sex marriages. Just a week earlier, the U.S. Court of Appeals for the 6th Circuit upheld bans on same-sex marriages in four states, contrasting with other Circuit Court rulings that have struck down similar bans.

The rapid evolution of same-sex marriage laws has been surprising to many legal professionals. Over the past decade, judicial and legislative changes on the issue have come at a pace few could have predicted. The future of these legal battles remains uncertain, even for the most experienced judges and court observers.

Implications for Virginia Divorces

As same-sex marriage laws continue to change, so too will the landscape of family law, including divorce. If you need assistance with a divorce or other family law matters, you can rely on the experienced Virginia divorce lawyers at DiPietro Law Group, PLLC. We will develop a smart strategy to help you reach your goals.

Call us at (888) 530-4374 to schedule a consultation, or explore other resources on our website.