Page 12 University Daily Kansan, October 2, 1980
Same-sex marriage prohibited
Two women who were denied a marriage license Monday in Douglas County will not be able to marry because of a 1977 opinion written by former Kansas Attorney General Curt T. Schneider.
By ROB McNEELY Staff Reporter
A synopsis of the opinion said, "A license may not be issued for the marriage of two persons of the same sex."
General Robert Stephan asking for his advice.
The two women, who gave Lawrence addresses, applied for the license to marry but were denied the license by Mike Elwell, associate district judge.
Stephan was out of town yesterday and could not be reached for comment. But Neil Woerman, special assistant to the attorney general, said that a new opinion probably would not be written because of the standing 1977 opinion.
Enwell was uncertain what statute to cite as the basis for the dental and wrote a letter to Kansas Attorney
The four-page 1977 opinion concluded that same-sex marriages are not permitted by Kansas law, based on the language of statutes.
THROUGHOUT THE statutes dealing with marriage, words referring to gender, such as "husband and wife," are "sufficiently gender-specific to form the marriage," not not be solemnized between persons of the same sex," the opinion said.
The 1977 opinion cited four cases in other states whose statutes, like the Kansas statutes, did not specifically
address the question of same-sex marriages.
In all four cases, the court justices decided that the wording of their statutes implicitly referred to marriage information between a man and a woman.
In a summary of a 1974 Washington case, Schneider wrote that the Washington justices decided that marriage was not explicitly defined as a marriage between two sexes (or至少两个 sexes because, "the point was so oblivious as not to require recitation."
Ellwell denied the license when his office learned that both the applicants were women.
in the Douglas County case, sources said the license was almost granted to the women because one woman's first marriage could have been construed as a man's.
NCAA questions I-A requirements
By ARNE GREEN Staff Reporter
To compete at the NCAA Division I-A level in intercollegiate athletics, the University of Kansas must now field teams in at least eight men's sports. Early next year that number could be reduced.
When the National Collegiate Athletic Association meets for its annual convention in January, a proposal to lower the minimum number of teams allowed on campus in each game, according to three athletic directors of Division I-A schools.
The athletic directors, Bob Marcum of KU, De Loss Dodds of Kansas State University and Brad Bedehoft of Purdue University expected a vote on such a proposal.
THE PROPOSAL to lower the minimum number of sports was brought about because it economic and academic superiority athletic departments, Dodds said.
"If they decide to leave the minimum at eight sports, I think they will need to make some economic moves," Dods said.
He said the NCAA could reduce costs by putting limits on recruiting or by limiting further the number of athletic scholarships a school can award.
Bredchoft said the results of the Department of Education investigations on Title IX also could influence the decision.
Title IX is a federal regulation that prohibits sex discrimination in education. The Department of Education is scheduled to begin investigation into the practice of sex discrimination at eight universities, including KU, this month.
Universities found in violation of Title 17 are required to add additional financial problems in twining.
ONLY MARCUM said he expected the proposal to pass in January.
"There is no doubt in my mind that will," Marcum said. "I have heard talk of a person who was wounded."
the minimum not to six, but all the way to four."
Breedhoft said he thought there were fewer youngsters at the school level to keep the eight-tier minimum.
"My personal feeling is that because of the membership structure now, most of the institutions that vote average about 10 sports, and will probably not want to change the regulation," he said. "I'd like to see the number of sports be an institutional decision rather than a legislative mandate."
Dodds said he thought the NCAA should decide whether it would sponsor championships for women before allowing them. The minimum number of men's sports.
The NCAA has held women's championships for Division II-A and III-A in the past, Doods said, and this championships may be extended to Division I-A.
He does not expect the minimum to be lowered in January, he said, because of confusion over women's championships.
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