State of Kansas ex rel. Morrison v. Sebelius
Kansas Supreme Court
179 P.3d 366, 285 Kan. 875 (2008)
- Written by Deanna Curl, JD
Facts
In 2007, Kansas enacted the Kansas Funeral Privacy Act (the act), a statute that repealed the Funeral Picketing Act. During the legislative session, the attorney general rendered an opinion that the act’s funeral-protest provisions were constitutional. Upon passage, the act contained a judicial-trigger provision that made the funeral-protest provisions inoperative unless and until the Kansas Supreme Court or a federal court determined the provisions were constitutional. The act also contained a judicial-review provision that directed the state’s attorney general (plaintiff) to initiate a lawsuit challenging the funeral-protest provisions to obtain a ruling on the provisions’ constitutionality. Instead, the attorney general initiated a lawsuit against Governor Kathleen Sebelius (defendant), challenging the constitutionality of the judicial-trigger provision under the Kansas Constitution’s separation of powers.
Rule of Law
Issue
Holding and Reasoning (Luckert, J.)
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