Would the marriage amendment on the ballot in Kansas make it impossible for anyone but a spouse to act as a legal guardian of a person in PVS?
The amendment would define:
§ 16. Marriage. (a) The marriage contract is to be considered in law as a civil contract. Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void.
(b) No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage.
Is the parent-child or sibling relationship a relationship which would entitle the parties (in this case the Schindlers) to a right or incident of marriage, namely legal guardianship? Would a marriage amendment forbid them from that right? I honestly don’t know, but I’d bet money that a smart lawyer would ask the same question. And this isn’t something that a court, the federal government, or the legislature could fix.
Another excellent reason to oppose the amendment. It’s far too ambiguous. Early voting has opened.