Case: Nelson v. Kansas Department of Revenue

13-c-1465 | Kansas state trial court

Filed Date: Dec. 30, 2013

Case Ongoing

Clearinghouse coding complete

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 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 defin…

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.

Summary Authors

Andrew Junker (12/9/2014)

People


Attorney for Plaintiff

Brown, David J. (Kansas)

Attorney for Plaintiff

show all people

Documents in the Clearinghouse

Document

13-c-1465

Complaint

Dec. 30, 2013

Dec. 30, 2013

Complaint

Docket

Last updated Aug. 30, 2023, 1:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Kansas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Dec. 30, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A married same-sex couple

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kansas, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Marriage

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Sex or Gender:

Female

Male