In a recent article that appeared in the Topeka Capital-Journal, this case case will be decided by partial summary judgment, as the attorneys for the state are expected to file the motion requesting partial summary judgment. For those who don’t know, partial summary judgement is a procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case and a party is entitled to judgment as a matter of law.
In the judge’s orders issued Friday, she wants to know whether Marotta is a sperm donor and what his status is. The judge also froze the non-biological mother’s motion to intervene in this case. Under recent rulings in the state of Kansas, Bauer, the non-biological parent, is attempting to show that she should be legally declared the mother. Under current Kansas law, same-sex couples cannot be legal parents, but these two rulings do offer hope.