Kansas court lets Johnson County issue same-sex marriage licenses

The Kansas Supreme Court on Tuesday allowed Johnson County to go ahead with marriage licenses for same-sex couples.

The case, Schmidt v. Moriarty, began in October, when Judge Kevin P. Moriarty, chief judge of the 10th Judicial District, directed the county clerk to start issuing the licenses. Attorney General Derek Schmidt asked the Supreme Court to stop him, and Chief Justice Lawton Nuss put a temporary hold on Moriarty’s order.

On Tuesday the court ruled that the decision was within Moriarty’s authority as chief judge. It did not decide the larger question for the state. Each judicial district is left to decide for itself whether to issue licenses.

That means the answer in Cowley County, part of the 19th Judicial District, may not be the same as in Johnson County for now. Couples should check with the district court clerk.