Printable FormatCONSTITUTION OF THE STATE OF KANSAS
Article 15.—MISCELLANEOUS
§ 16. Marriage. (a) The marriage contract is to be considered in law as a civil contract. Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void.
(b) No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage.
History: L. 2005, ch. 211, § 1; April 5, 2005.
Law Review and Bar Journal References:
Reciprocity and Pro Hac Vice and SCR 1601 (The Marriage Amendment), Michael P. Crow, 74 J.K.B.A. No. 3, 4 (2005).
Kansas's Defense of Marriage Amendment: The Problematic Consequences of a Blanket Nonrecognition Rule on Kansas Law, Richard Cook, 54 K.L.R. 1165 (2006).
Attorney General's Opinions:
City's home rule power; domestic partnership registry. 2007-9.
Approving insurance policy providing benefits to unmarried domestic partners does not violate article 15 § 16 of Kansas Constitution. 2007-29.
CASE ANNOTATIONS
1. Domestic battery statute constitutional; no conflict with Kansas' defense of marriage amendment to Kansas Constitution. State v. Curreri, 42 Kan. App. 2d 460, 213 P.3d 1084 (2009).
2. Kansas' same-sex marriage ban violates the 14th Amendment fundamental right to marry, establish a family, raise children and enjoy the full protection of a state's marriage laws. Marie v. Moser, 65 F. Supp. 3d 1175 (2014).
3. Provision that prohibits issuing marriage licenses to same-sex couples or recognizing same-sex marriages on the same terms and conditions that apply to opposite-sex marriages violates the due process clause and the equal protection clause of the 14th Amendment to the U.S. Constitution. Marie v. Mosier, 122 F. Supp. 3d 1085, 1112–13 (D. Kan. 2015).
4. The right to marry is a fundamental right, and under the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution, couples may not be deprived of the right to marry on the basis that they are of the same sex. Obergefell v. Hodges, 576 U.S. 644 (2015).