State Ex Rel. Six v. Kansas Lottery

The opinion of the court was delivered by

Rosen, J:

This case comes before the court on a direct appeal pursuant to K.S.A. 2007 Supp. 60-2102(b)(2). The appellant seeks review of an order of the district court upholding the constitutionality of the Kansas Expanded Lottery Act (KELA), K.S.A. 2007 Supp. 74-8733 et seq.

This appeal asks us to resolve tension among the historical ban on lotteries contained in the Kansas Constitution, later amendments to the constitution that permit lotteries under certain circumstances, and recent legislative action seeking to increase state revenues by establishing…