Validity of marriages contracted without state

23-2508. Validity of marriages contracted without state. All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state. It is the strong public policy of this state only to recognize as valid marriages from other states that are between a man and a woman. History: L. 1867, ch. 84, § 9; G.S. 1868, ch. 61, § 9; R.S. 1923, 23-115; L. 1996, ch. 142, § 3; July 1. Source or Prior Law: 23-115. Law Review and Bar Journal References: "Common Law Marriage: Civil Contract or 'Carnal Commerce'," Mary D. Feighny, 70 J.K.B.A. No. 4, 20 (2001). "Conflict of Laws in Kansas: A Guide to Navigating the Dismal Swamp," Terri Savely Bezek, 71 J.K.B.A. No. 8, 21 (2002). "Kansas's Defense of Marriage Amendment: The Problematic Consequences of a Blanket Non-Recognition Rule on Kansas Law," Richard Cook, 54 K.L.R. 1165 (2006). CASE ANNOTATIONS 1. Foreign marriage odious to public policy of Kansas is invalid. Westerman v. Westerman, 121 Kan. 501, 504, 247 P. 863. 2. Marriage between first cousins valid in Kansas if valid where celebrated and not odious to public policy nor evasive. In re Estate of Loughmiller, 229 Kan. 584, 585, 587, 588, 589, 629 P.2d 156 (1981). 3. State recognizes only traditional marriage between biological man and biological woman; marriage between post operative male-to-female transsexual to a man is void as against public policy. In re Estate of Gardiner, 273 Kan. 191, 42 P.3d 120 (2002). 4. 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). 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