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Marriage Equality

WATCH: Kansas Strikes Out Again in Federal Court

WATCH: Kansas Strikes Out Again in Federal Court


Kansas Attorney General Derek Schmidt fails to find a sympathetic ear at the 10th Circuit Court of Appeals.

A complex legal battle over the state of marriage equality in Kansas took another twist last week, with the 10th Circuit Court of Appeals rejecting an attempt by the state to get a larger panel to review a marriage equality victory.

The dispute stems from a District Court ruling on a preliminary injunction, in which the court ruled that marriages should be allowed to start in Kansas while the state continues its appeal, rather than waiting for a final decision. Republican Attorney General Derek Schmidt appealed that decision to the 10th Circuit and asked for an en banc review, in which a panel of 10 judges would hear the case, rather than the usual randomly assigned panel of three judges.

Last week the court rejected his request. Previously, the 10th Circuit upheld rulings that overturned marriage bans in Utah and Oklahoma, so it's likely that the court is confident it will reach the same decision in Kansas.

The state could now ask the U.S. Supreme Court to review the ruling that marriages can start right away. But given the strong likelihood that Kansas will ultimately lose the entire case, their chances of prevailing on the preliminary injunction are slim.

Meanwhile, the case itself continues to work its way through the District Court. There's currently no timeline for a ruling there.

Get up to speed on the state of our unions nationwide in this week's Marriage News Watch below.

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Matt Baume