Kansas Gay Marriage Ban Ruled Unconstitutional, so Election Day Isn't All Bad

With all the fear surrounding the results of the midterm election, it's nice to get some good news in between the pundit viewpoints and poll numbers. Kansas' gay marriage ban has been ruled unconstitutional by Federal District Court judge Daniel Crabtree.

Same-sex couples will be able to marry starting on Nov. 11 at 5PM, one week after Crabtree issued the preliminary injunction on midterm election day. In his ruling, Crabtree stated that a marriage ban issued towards same-sex couples would go against the Constitution's equal protection clause.

Because Kansas’ constitution and statutes indeed do what Kitchen [v. Herbert] forbids, the Court concludes that Kansas’ same-sex marriage ban violates the Fourteenth Amendment to the Constitution.

And Kansas might get more progressive news on Tuesday. Gov. Sam Brownback — a loud opponent of same-sex marriage — might be dethroned by Democrat Paul Davis in the state.

The ban originated in October, when the Kansas Supreme Court ruled the state could not issue any marriage licenses to same-sex couples hoping to wed. Shortly thereafter, the American Civil Liberties Union filed a lawsuit hoping to reverse the action.

Will midterm elections day prove to be a one-two punch for Gov. Brownback? Perhaps this spells better things to come this Tuesday.