Kansas seeks to dismiss gay marriage tax lawsuit

Gay marriage (AP Photo/Karen Pulfer Focht)

TOPEKA, Kan. (AP) – The Kansas Department of Revenue has filed a motion to dismiss a lawsuit over the tax filing status of same-sex married couples, saying the issue is now moot.

David Brown, who represents two Kansas couples who filed a lawsuit against the department, told the Lawrence Journal-World the motion was filed late Thursday in Shawnee County District Court. The motion follows the decision last month by the U.S. Supreme Court making same-sex marriage legal nationwide.

The Revenue Department’s motion Wednesday also came the day after Kansas Attorney General Derek Schmidt’s office filed similar documents in a federal lawsuit in Kansas City, Kan.

As of Friday afternoon, the judge hearing the case had not issued an order of dismissal. But Brown says he expects one to be issued soon.

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