Chapter 142


An Act concerning domestic relations; relating to marriage; consent of judge required, when; amending K.S.A. 23-101, 23-106 and 23-115 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 23-101 is hereby amended to read as follows: 23- 101. The marriage contract is to be considered in law as a civil contract between two parties who are of opposite sex, to which. 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; and. 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.

Sec. 2. K.S.A. 23-106 is hereby amended to read as follows: 23-106. The clerks of the district courts or judges thereof, when applied to for a marriage license by any person who is one of the parties to the proposed marriage and who is legally entitled to a marriage license, shall issue a marriage license in substance as follows:

(Name of place where office located, month, day and year.)
TO ANY PERSON authorized by law to perform the marriage ceremony, Greeting:

You are hereby authorized to join in marriage A B of _______________________________________________________________________________ , date of birth ____________, and C D of ____________, date of birth ____________, (and name of parent or guardian consenting), and of this license, duly endorsed, you will make due return to this office immediately after performing the ceremony.

E F, (title of person issuing the license).
No clerk or judge of the district court shall issue a marriage license before the third calendar day (Sunday and holidays included) following the date of the filing of the application therefor in such clerk's or judge's office except that in cases of emergency or extraordinary circumstances, a judge of the district court may upon proper showing being made, permit by order of the court the issuance of such marriage license without waiting three days. Each district court shall keep a record of all marriages re- sulting from licenses issued by the court, which record shall show the names of the persons who were married and the date of the marriage. No clerk or judge shall issue a license authorizing the marriage of any person under the age of 18 years without the express consent of such person's father, mother or legal guardian and the consent of the judge unless consent of both the mother and father and any legal guardian or all then living parents and any legal guardian is given in which case the consent of the judge shall not be required. If not given in person at the time of the application, the consent shall be evidenced by a written cer- tificate subscribed thereto and duly attested. Where the applicants or either of them are under 18 years of age and their parents are dead and there is no legal guardian then a judge of the district court may after due investigation give consent and issue the license authorizing the marriage. Where such consent shall have been given as herein provided, no license shall be issued to any person under the age of 18 years without the consent of the judge in addition thereto. The judge or clerk may issue a license upon the affidavit of the party personally appearing and applying therefor, to the effect that the parties to whom such license is to be issued are of lawful age, as required by this section, and the judge or clerk is hereby authorized to administer oaths for that purpose.

Every person swearing falsely in such affidavit shall be guilty of a mis- demeanor and shall be punished by a fine not exceeding $500. A clerk or judge of the district court shall state in every license the birth dates of the parties applying for the same, and if either or both are minors, the name of the father, mother, or guardian consenting to such marriage.

Every marriage license shall expire at the end of six months from the date of issuance if the marriage for which the license was issued does not take place within the six-month period of time.

Sec. 3. K.S.A. 23-115 is hereby amended to read as follows: 23-115. 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.

Sec. 4. K.S.A. 23-101, 23-106 and 23-115 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 10, 1996.