Evelyn Z. Wilson
Non-Partisan | Kansas
Candidate Profile
Proven Activist
BIOGRAPHY
Name
Evelyn Z. Wilson
Party
Non-Partisan
Election Year
2022
Election
General
Race
Supreme Court (retention)
Incumbent
Yes
Links
EDUCATION
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WORK & MILITARY
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AFFILIATIONS
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POLITICAL OFFICES HELD
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POLITICAL OFFICES SOUGHT
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Race
OTHER INFORMATION
Justice Evelyn Wilson has served on the Kansas Supreme Court since 2020, after being appointed by Governor Laura Kelly (D). Before that, she served as a judge on the Kansas' Third Judicial District Court from 2004 to 2020.
Notable Cases:
In the Matter of the Parentage of M.F. (2020): Signed Justice Beier's majority opinion. Held that an unmarried same-sex partner of a woman who gave birth through artificial insemination could be recognized as a legal parent through K.S.A. 2019 Supp. 23-2208(a)(4) when the birth mother had verbally consented to shared parenting at the time of the child's birth (3). Strictly read, the Kansas Parentage Act provided that a man could be recognized as the parent of a child born from artificial insemination if he and his wife had a written consent document (19). However, the Court said that the Kansas Courts of Appeals had long found that K.S.A. 2019 Supp. 23-2205 (the artificial insemination act) confers parental rights and duties on 1) unmarried men seeking to avoid paternity responsibilities and 2) married men with merely a verbal agreement, as such, it could create "complementary fictions" that the man was the biological father and the sperm donor was not (20). Cited that Kansas Parentage Act's (KPA) provisions to determine a paternal relationship are the same as those to determine a maternal relationship and that another law allowed "any 'interested party may bring an action to determine the existence or nonexistence of a mother and child relationship'" (21). Held that Obergefell has "the potential to affect how the KPA is applied to establish a person has the legal rights and duties of a parent" (21). Relevant law for establishing parentage (22-23). Precedent of Downs v. Gilmore, with essentially the same facts as this case, held that same-sex partners had standing to sue for parental rights despite having no written co-parenting agreement (31). Cited SCoDE's ruling that Troxel is inappropriate in cases where a parental relationship is sought by one of the parties (34). Held that the lower courts applied the wrong standard in seeking evidence that K.L. (the plaintiff) engaged in "open and notorious demonstrations of parenting, and all that was required was that she recognized her maternity, not that she was an attentive mother (37). Remanded the case to be analyzed accordingly (37). Held that neither the KPA nor the precedent of Fraizer required proof of a written or oral co-parenting agreement between the parties, but that Troxel did require that birth-mother T.F. "implicitly or explicitly consented to share parenting with K.L. at the time of M.F.'s birth" (38).
Tillman v. Goodpasture (2021): Signed Justice Biles' majority opinion. Accurate decision. Upheld the constitutionality of a law that abolished wrongful-birth claims (3). Explained that the state constitution only protected citizens' rights to bring claims that they could have brought at the time of the constitution's adoption (3). Said that wrongful-birth claims were allowed starting about 30 years ago (in a Kansas Supreme Court case called Arche) (16), so the legislature had the right to remove the right to bring wrongful-birth claims (20-21).
Johnson v. U.S. Food Service (2021): Signed Justice Stegall's majority opinion. Reversed a lower court and held that K.S.A. 2019 Supp. 44-510e(a)(2)(B) was constitutional despite its reference to the Sixth Edition of the American Medical Association Guide, the use of which resulted in a lower impairment rating for the plaintiff than a more modern edition would have otherwise provided (2-3). Held that due to the doctrine of constitutional avoidance, the reference to the Sixth Edition in the law should be taken as a guideline rather than a mandate since it can reasonably be interpreted as such (3). Text of the law (6). Held that the law still included consideration of competent medical evidence as required, since the most recent version of the statute used parallel language only in regard to replacing the 4th edition with the 6th edition (6-7). Held that "based on" denotes a starting point (7). Cited constitutional avoidance and clarified that it can only be used when a statute is ambiguous (8).
Info from Other Sources:
- Ballotpedia said that prior to becoming a judge, Justice Wilson's political activity was that of a Mild Democrat
Judge Voter Guide gave 2 Stars and voted to "replace."
QUESTIONNAIRE
VALUES
I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.
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I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.
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Judeo-Christian values established a framework of morality that is necessary for our system of limited government.
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Judeo-Christian values established a framework of morality that is necessary for our system of limited government.
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Briefly describe your spiritual beliefs and values.
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Briefly describe your spiritual beliefs and values.
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What types of pro bono work have you done?
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What types of pro bono work have you done?
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ABOUT YOU
Have you ever been convicted of a felony or been penalized in either civil or criminal court for sexual misconduct? If so, please explain.
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Have you ever been convicted of a felony or been penalized in either civil or criminal court for sexual misconduct? If so, please explain.
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What education or experience qualifies you to hold the office for which you seek election?
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What education or experience qualifies you to hold the office for which you seek election?
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Why should the voters choose you?
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Why should the voters choose you?
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I voted in these primaries and general elections:
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I voted in these primaries and general elections:
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JUDICIAL PHILOSOPHY
Justices should not interpret the federal and state constitutions as living documents, but should use a textualist and originalist approach to interpretation.
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Justices should not interpret the federal and state constitutions as living documents, but should use a textualist and originalist approach to interpretation.
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What is the proper use of legislative history in interpreting statutory law?
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What is the proper use of legislative history in interpreting statutory law?
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Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
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Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
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How should a court address the balance between public health and individual freedoms in the time of a pandemic?
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How should a court address the balance between public health and individual freedoms in the time of a pandemic?
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In light of the case Bostock v. Clayton County, in which the U.S. Supreme Court interpreted the 1964 Civil Rights Act to include a prohibition on sexual-orientation discrimination, which justice’s opinion most closely aligns with your own opinion?
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In light of the case Bostock v. Clayton County, in which the U.S. Supreme Court interpreted the 1964 Civil Rights Act to include a prohibition on sexual-orientation discrimination, which justice’s opinion most closely aligns with your own opinion?
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What role (if any) does a judge have in maintaining the separation of church and state?
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What role (if any) does a judge have in maintaining the separation of church and state?
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Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
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Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
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When should a judge overturn past court decisions?
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When should a judge overturn past court decisions?
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How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?
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How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?
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What legal principles should a court consider when evaluating parents’ objection to their child obtaining medical procedures or drugs designed to affirm the child’s desired gender?
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What legal principles should a court consider when evaluating parents’ objection to their child obtaining medical procedures or drugs designed to affirm the child’s desired gender?
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What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?
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What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?
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Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?
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Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?
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