Assuming no other decision precedes the lifting of the stay, Kansas will be the 33rd marriage equality state. Along with Montana and South Carolina, it is one of the remaining states impacted by a Circuit Court opinion that still do not have marriage equality themselves.
A federal judge issued a decision Tuesday overturning Kansas’ ban on same-sex couples marrying, nodding to the Tenth Circuit precedent set in the Oklahoma and Utah cases. Kansas state officials tried to argue on many technicalities that the judge should consider their ban differently, but he dismissed them all in his opinion.
Judge Daniel Crabtree, an Obama appointee, did grant a one-week stay on his order, acknowledging the Circuit could come to a different conclusion on one of the many technicalities. He also acknowledged that the stay would give the state’s clerks “adequate time to prepare to honor the injunction.”