WICHITA, Kansas - Will Kansas see a change in gay marriage in the wake of the Supreme Court opinion handed down on Wednesday?
“And I think that the state constitutional question is quite clear,” says Phil Journey, a district judge and longtime former Kansas state lawmaker. “So I suppose it’s possible someone could file a lawsuit against the state constitution trying to declare that unconstitutional.”
But, Journey explains, gay marriage in Kansas has been decided by both voters, and lawmakers in 2005.
“Well I can’t tell you there will be challenges in Kansas,” continues Journey. “But there will be challenges in other states, across the United States. The challenges should start depending on the nature of the claim, probably in state court. It takes a special set of circumstances to be able to get into a federal court. On a state question state supreme courts generally tend to be the last stop on the appeals course.”
So, could it come up in the courts? It’s possible, though Journey says not likely.
“I believe the legislature is the only place this will come up,” says Journey.