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28th Judicial District has request for same-sex marriage license

 

This is the letter used by the 28th Judicial District. The letter will vary from district to district. ( Click to enlarge)
This is the letter used by the 28th Judicial District. The letter will vary from district to district. (Click to enlarge)

SALINA- Saline County has rejected one same-sex couple’s request for a marriage license. Court Administrator Todd Heitschmidt reported the 28th Judicial District that includes Saline and Ottawa Counties and served by Judge Jerome Hellmer sent the couple a letter citing the Kansas Constitution article 15, section 16.

That states, “ The marriage contract is to be considered in law as a civil contract. Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void.”

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.”

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.

The general counsel for the Kansas Office of Judicial Administration is suggesting that county clerks accept applications and let judges decide whether to issue licenses.

Meanwhile, the ACLU is planning to file a lawsuit, but not until next week.

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