University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Nelson v. Kansas Department of Revenue PB-KS-0001
Docket / Court 13-c-1465 ( State Court )
State/Territory Kansas
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On Dec. 30, 2013, a same-sex couple filed this lawsuit in Kansas state court against the state's Revenue Service. They asked the Court for a writ of mandamus to compel the state tax agency to adopt the definitions of marriage contained in the IRS rules that allow for legally married same-sex ... read more >
On Dec. 30, 2013, a same-sex couple filed this lawsuit in Kansas state court against the state's Revenue Service. They asked the Court for a writ of mandamus to compel the state tax agency to adopt the definitions of marriage contained in the IRS rules that allow for legally married same-sex couples to file their tax returns jointly. The plaintiffs, represented by private counsel, claimed that the state tax agency's own rules compelled it to comply with the IRS's definition of marriage, a definition that the federal agency had broadened in the wake of the Windsor case. The plaintiffs also sought temporary and permanent injunctions against the state agency. We do not have a docket sheet here; we only have the complaint.

While the case was ongoing, on Oct. 6, 2014, the U.S. Supreme Court denied certiorari to an appeal of a 10th Circuit decision striking down Utah's same-sex marriage ban. Two days later, a federal district court judge in Kansas, which belongs to the 10th Circuit, ordered that marriage licenses be issued to same-sex couples. On a motion from the Kansas attorney general, the Supreme Court issued a temporary stay to the issuing of marriage licenses.

But two days later, the Supreme Court lifted its stay (over the objections of Justices Scalia and Thomas).

This case remains ongoing, according to a recent newspaper article. http://www.kansascity.com/living/star-magazine/article2823331.html.

Andrew Junker - 12/09/2014


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Male
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) Kansas
Plaintiff Description A married same-sex couple
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
click to show/hide detail
Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple‚Äôs 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Complaint 12/30/2013
PB-KS-0001-0001.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Brown, David J. (Kansas)
PB-KS-0001-0001
Defendant's Lawyers None on record
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -