Session of 2000
By Representatives Aday, Compton, Dahl, Freeborn, Glasscock, Horst,
                P. Long, Mason, Mayans, McCreary, Mollenkamp, O'Connor, Os-
                borne, Powers, Toplikar, Vickrey, Vining, Wagle, and Wilk

13             AN  ACT concerning marriage; relating to common-law marriages;
14             amending K.S.A. 1999 Supp. 23-101 and repealing the existing section.
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. K.S.A. 1999 Supp. 23-101 is hereby amended to read as
18       follows: 23-101. (a) The marriage contract is to be considered in law as a
19       civil contract between two parties who are of opposite sex. All other mar-
20       riages are declared to be contrary to the public policy of this state and
21       are void. The consent of the parties is essential. The marriage ceremony
22       may be regarded either as a civil ceremony or as a religious sacrament,
23       but the marriage relation shall only be entered into, maintained or ab-
24       rogated as provided by law.
25             (b) Except as provided further, the state of Kansas shall recognize a
26       common-law marriage contract between two parties who are of opposite
27       sex only if both parties to the marriage contract are 18 years of age or
28       older. The state of Kansas may recognize a common-law marriage contract
29       between two parties who are of opposite sex if a party to the marriage
30       contract is under 18 years of age with the express consent of such party's
31       father, mother or legal guardian or the consent of a judge. 
32       Sec.  2. K.S.A. 1999 Supp. 23-101 is hereby repealed.
33        Sec.  3. This act shall take effect and be in force from and after its
34       publication in the statute book.