TOPEKA, Kan. (AP) – Kansas argues in a new court filing 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 an American Civil Liberties Union attorney said Tuesday that lawyers representing state officials are not raising any new legal issues.
The state’s filing Monday in federal court was expected to be its last before U.S. District Judge Daniel Crabtree considers whether to permanently bar enforcement of the state constitution’s ban on gay marriage.
The Kansas Supreme Court in November left it to chief judges in each of the state’s 31 judicial districts to determine whether marriage licenses would be issued to same-sex couples.
The state argues that as a result there is now no legal controversy.