Only a federal judge can make such a ruling. A state judge is bound by what the state constitution says. So for now, Kansas law has constitutional backing. Its been placed beyond the reach of the state courts to decide.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".) Kansas law has constitutional backing. Its been placed beyond the reach of the state courts to decide. How is this different than what is happening in California where, at this point, a state appeals court has overturned a similar law that passed by a similar wide margin as "unconstitutional" to the state constitution?