Supreme Court issues order, postpones hearing on same-sex marriage case

TOPEKA—The Kansas Supreme Court issued an order today in the original action filed by Attorney General Derek Schmidt against a Johnson County District Court judge who issued an administrative order directing the court clerk in the 10th judicial district to issue marriage licenses to same-sex couples.

The court’s order continues an earlier stay of the district court judge’s administrative order and instructs the parties to show cause by 5 p.m. November 14 why the stay should – or should not – remain in effect pending resolution of a case filed in federal district court challenging Kansas’ laws prohibiting same-sex marriage, which the attorney general says he plans to appeal.

The parties are also ordered to show cause why the Supreme Court’s consideration of the mandamus action should – or should not – be stayed pending final resolution of the federal case.

The order also postpones a hearing scheduled to take place at 10 a.m. Thursday, November 6. The court has no immediate plan to reschedule it.