K.S.A. » Chapter 23
Kansas Statutes Annotated

K.S.A. § 23-101 (2026)

✓ current as of May 2026
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23-101.

History: L. 1867, ch. 84, § 1; G.S. 1868, ch. 61, § 1; R.S. 1923, 23-101; L. 1980, ch. 106, § 1; L. 1996, ch. 142, § 1; L. 2002, ch. 143, § 1; Repealed, L. 2011, ch. 26, § 47; July 1.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1981–2025 · leading case: In Re the Est. of Gardiner, 42 P.3d 120 (Kan. 2002).
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In Re the Est. of Gardiner, 42 P.3d 120 (Kan. 2002). · cites it 20× “Joe opposed J’Noel’s receiving a spousal share of Marshall’s estate on several grounds — waiver, fraud, and void marriage in that J’Noel remained a male for the purpose of the “opposite sex” requirement of K.S.A. 2001 Supp. 23-101. On cross-motions for summary judgment, the…”
In Re the Est. of Gardiner, 22 P.3d 1086 (Kan. Ct. App. 2001). · cites it 13× “Joe argued that the marriage between Marshall and J’Noel is void since, pursuant to K.S.A. 2000 Supp. 23-101, marriages between persons of the same sex are prohibited.”
Windsor v. United States, 699 F.3d 169 (2d Cir. 2012). · cites it 2× “15, § 16; Kan. Stat. Ann. §§ 23-101 & 23-115; Ky. Const § 233A; Ky.”
Guffy Ex Rel. Reeves v. Guffy, 631 P.2d 646 (Kan. 1981). · cites it 2× “See K.S.A. 23-101 et seq., K.S.A. 1980 Supp. 60-1610( c ) and ( d ), and K.”
Peden v. State, Kansas Dept. of Revenue, 930 P.2d 1 (Kan. 1996). “23-205 (allowing an injured person to pursue a loss of consortium claim on behalf of his or her spouse); K.”
State v. Wade, 766 P.2d 811 (Kan. 1989). “23-106 age limitation relates only to the issuance of a marriage license without parental (or guardian) and judicial consent. Anyone under the age of 18 must have the consent of a parent or legal guardian and a judge of the district court to be issued a marriage license.”
State v. Barclay, 708 P.2d 972 (Kan. 1985). “Pertinent Kansas statutes relative to marriage are as follows: K.S.A. 23-101: “Nature of marriage relation.”
State, ex rel. Kobach v. Harper (Kan. Ct. App. 2025). · cites it 2× “J'Noel had sex-reassignment surgery several years before the marriage and had her Wisconsin birth certificate changed to reflect her sex as female.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.