Same-sex may ride into Kansas as the marital flood gates open Monday. PROPONENTS and opponents of same-sex marriage expressed frustration with the Supreme Court begging out of a decision this year.
No confetti or rice, no stately Pachelbel melodies or cute ring-bearers.
Instead, it will (eventually) become the law in Kansas by default.
On Monday, Supreme Court justices refused to hear further appeals by a handful of states opposed to recent court decisions allowing same-sex marriage.
The decision by the justices on the first day of their new term to not address same-sex marriage as a national concern means the federal district court rulings, which had been stayed, will go into effect not only in those five states, but also in the states that are within their circuit courts. Both Utah and Oklahoma had appeals to the high court. By default of being in their 10th Circuit Court district, Kansas, too, will be affected by the ruling.
But not without a fight, of course.
And soon.
On Monday afternoon two women, along with their minister, approached the Sedgwick County Clerk to file for a marriage license, only to be turned away.
Representatives with the American Civil Liberties Union said they were only too happy to represent the two women in court.
The predictable outcome is a federal judge will rule the Kansas law as unconstitutional, which will likely upset many.
It was as recent as 2005 that Kansans overwhelmingly approved a change to the state constitution saying marriage could be between only one man and one woman.
But there’s wisdom in their delay.
As the country slowly swings in acceptance of marriage between gays and lesbians it will be more palatable for the high court to follow public consensus, much as it did with interracial marriages.
Since Colonial times, marriage between races was punishable by law, varying from state to state. It wasn’t until 1967, long after most states had eradicated anti-miscegenation laws from their books, that the Supreme Court made it the law of the land.
Granted, that’s glacially slow and today’s world demands faster action.
Opponents to gay marriage prefer politicians be the deciders, or the general populace.
In either case, it’s easy to see which states would be pro or con. And certainly makes for a more polarized country and patchwork pattern as some states hold the door open to gays and lesbians while others treat them as second-class citizens.
The fabric of the Constitution is made to stretch across us all — including those of different faiths, ethnicities and beliefs. As U.S. citizens we are granted equal rights and protections, with the court system to guard against discrimination.
More and more, Americans accept the notion of gay marriage. Today, 55 percent favor gay marriage. The younger generations, especially, are less didactic and more generous in their views others.
Archie Bunker is yesterday’s American.
— Susan Lynn