The state of Kansas, in a new court filing, argues that the ability of same-sex couples to obtain marriage licenses in many counties should prompt a federal judge to dismiss a gay-marriage lawsuit. But on Tuesday, a lawyer for the American Civil Liberties Union said that attorneys representing state officials are not raising any new legal issues.
The filing on Monday in Federal Court by the state of Kansas was expected to be the last one before a US District Judge considers whether to permanently bar enforcement of the state constitution’s ban on gay marriage. The Kansas Supreme Court, in a decision last November, left it up to chief judges in each of the state’s 31 judicial districts to determine whether marriage licenses would be issued to same-sex couples. As a result of that decision, the state now argues that there is no legal controversy now.