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Law Expert says Kansas Same Sex Marriage Ban Will Fail in Court

A federal court hearing that had been scheduled over the Kansas same sex marriage ban was canceled Friday. The American Civil Liberties Union, which brought the case, told the court it needs more time to review the state's response to the lawsuit because the response had just been filed. ACLU attorney Doug Bonney said U.S. District Court Judge Daniel Crabtree is considering whether to reschedule the oral arguments or decide the case based on written arguments from attorneys on both sides. University of Kansas Law Professor Richard Levy says, regardless of the delay, he believes the ban will ultimately be stricken from state law.

The ACLU filed its lawsuit for two lesbian couples denied marriage licenses in Douglas and Sedgwick counties. The state has been involved in numerous lawsuits since the U.S. Supreme Court ruled last year that same-sex marriage bans violate the federal constitution. Kansas law and state constitution prohibit same-sex marriage. A federal judge issued an order in July barring the state from treating same-sex couples differently than opposite-sex couples in allowing them to marry or extending other benefits.

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