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The state had laws against consensual same-sex activity on the books up until when Lawrence v. Texas made those laws invalid across the country. Fortunately, the Kansas legislature not only complied with the ruling, but actually took it a step further and changed their own statutory rape laws so that same-sex and opposite-sex cases were treated the same.
The state did ban same-sex marriage in , making it one of the earliest states to do so. This ban was later reinforced with a constitutional amendment in In , one same-sex couple applied for and was granted a marriage license, but the state quickly took steps to prevent that from happening.
News clippings discovered recently in Kansas papers show instead that Michael Turnbull eked out a hardscrabble existence in both towns, pursuing a dodgy career that finally ran afoul of the law. When Thomas Lovewell left for Pikes Peak in , he left behind a family to shift for themselves, just as his brothers William and Solomon had done. Unlike his brothers, Thomas came back to his wife and young daughter, although too late to patch up the marriage. Exaggerated claims of mineral wealth lying about for the taking, the sudden outbreak of war, and a stubborn lung ailment picked up in the Army, turned what started out as a dash to Pikes Peak to stuff a sack with gold, into an epic ramble in the Far West.
He finally trudged home in to find that his wife was suing him for divorce and had made other living arrangements in the interim. Making a living as a domestic near Carrolton, Missouri, Nancy found a new man with whom to share her life, someone with problems bigger than her own.
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He is now being sued by the state of Kansas to pay child support, even though his lawyer said he had a written agreement with the couple that he would not care for the child or have any parental responsibilities. Kansas law says a sperm donor is not the father of a child if a doctor handles the artificial insemination. Advertisement But the law does not specifically address the donor’s rights and obligations when no doctor was involved, as was the case in when William Marotta donated sperm to Jennifer Schreiner and then-partner Angela Bauer, and Schreiner became pregnant.
Lawyer Ben Swinnen argued Thursday that Marotta, 46, can’t be declared the father of the now 3-year-old child, because the donor and moms had a written agreement that he had no parental rights or responsibilities. Swinnen also noted that nine states have laws saying a sperm or egg donor is not the parent of a child conceived through artificial reproduction. State officials have said the law aims to ensure that a biological father helps support a child. The Associated Press left a phone message Thursday seeking comment at a number listed as Schreiner’s in public records.
Listings for Bauer were incorrect or were out of service. An attorney who’s trying to prevent a Kansas sperm donor from having to pay child support for a girl who was ultimately conceived says a state law dealing with artificial insemination is outdated. In a court filing Wednesday evening, the department said at least 10 other states require a doctor’s involvement in artificial insemination for a sperm donor to be protected from having to pay child support, including California, Illinois and Missouri.
Swinnen said Kansas’ position is “short-sighted” and based on legal ideas dating from the early s. State officials have said that when a single mother seeks benefits for a child — as Schreiner did last year — the Department for Children and Families is legally obligated to find the biological father and to attempt to require him to pay child support, to lessen the potential cost to taxpayers.
In , a nonpartisan group that periodically reviews laws and makes non-binding recommendations to state governments proposed amendments to the Kansas parentage law. Advertisement The Chicago-based National Conference of Commissioners on Uniform State Laws suggested making the statute specifically state that “a donor is not a parent of a child conceived by means of assisted reproduction” and that no donor can be sued to support the resulting child.
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Supreme Court ‘s decision in Lawrence v. Texas rendered laws banning consensual sexual activity unenforceable, including that of Kansas. Limon , the first case decided under the Lawrence precedent, invalidated a provision of the state’s Romeo and Juliet law that assigned harsher sentences in statutory rape cases where the parties were of the same sex.
Same-sex marriage in Kansas Same-sex marriage became legal in Kansas following the U. Supreme Court decision in Obergefell v. Hodges on June 26, , which found the denial of marriage rights to same-sex couples unconstitutional. By June 29, the next business day after the decision, 25 of the state’s 32 judicial districts were issuing licenses to same-sex couples, and some of those that were not had yet to receive an application from a same-sex couple.
The state explicitly banned same-sex marriage and all other types of same-sex unions both by statute and by constitutional amendment. The state’s definitions and restrictions had been challenged in several lawsuits. On October 7, , officials in Johnson County began accepting licenses for marriage applications, due to the Supreme Court’s recent refusal to hear a Utah case now binding on Kansas.
The state Attorney General filed a lawsuit in order to stop those actions. One couple obtained a marriage license and married on October 10, on the steps of the Johnson County courthouse.