University of Michigan Law School
Civil Rights Litigation Clearinghouse
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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

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Issues and Causes of Action
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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
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
Case Ongoing Yes
Additional Resources
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  William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Complaint
PB-KS-0001-0001.pdf | Detail
Date: 12/30/2013
Plaintiff's Lawyers Brown, David J. (Kansas)
PB-KS-0001-0001

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