Kansas Attorney General Derek Schmidt explains his stance on same-sex marriage ruling

Kansas Attorney General Derek Schmidt’s office Thursday evening released an explanation about why he thinks a federal court order allowing same-sex marriages to proceed should apply to only two Kansas counties.

Critics have suggested that Schmidt is incorrectly applying the law, saying he is wrong for setting up a scenario where laws on same-sex marriage can vary from county to county. They contend the federal court order extends statewide.

Here is Schmidt’s statement: “The preliminary injunction by its terms applies only to the parties named in the lawsuit. The attorney general’s office does not have the legal authority to extend the court order beyond its terms.”

The federal judge, the statement continues, “initially entered his stay to allow the defendants to appeal and to give defendant (court) clerks and (Health) Secretary Robert Moser adequate time to prepare to honor the injunction.

“He made no reference to any other non-parties. The state judiciary must determine for itself the reach of (U.S. District Judge Daniel) Crabtree’s ruling, and we expect that will occur as judges throughout the state are presented with applications.”

This story was originally published November 13, 2014 at 6:01 PM with the headline "Kansas Attorney General Derek Schmidt explains his stance on same-sex marriage ruling."