Nature of marriage relation

23-2501. Nature of marriage relation. The marriage contract is to be considered in law as a civil contract between two parties who are of opposite sex. All other marriages are declared to be contrary to the public policy of this state and are void. The consent of the parties is essential. The marriage ceremony may be regarded either as a civil ceremony or as a religious sacrament, but the marriage relation shall only be entered into, maintained or abrogated as provided by law. History: L. 2011, ch. 26, § 1; July 1. Source or Prior Law: 23-101(a). CASE ANNOTATIONS 1. Kansas' same-sex marriage ban violates the 14th amendment's fundamental right to marry, establish a family, raise children and enjoy the full protection of a state's marriage laws. Marie v. Moser, 65 F. Supp. 3d 1175 (2014). 2. Provision that prohibits issuing marriage licenses to same-sex couples or recognizing same-sex marriages on the same terms and conditions that apply to opposite-sex marriages violates the due process clause and the equal protection clause of the 14th amendment to the U.S. constitution. Marie v. Mosier, 122 F. Supp. 3d 1085, 1112-13 (D. Kan. 2015). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026