Saturday, March 1, 2014

Religious freedom and gay rights debate will re-emerge in Kansas Legislature next week

By SCOTT ROTHSCHILD, The Lawrence Journal-World

KANSAS CITY, KAN. — The debate over religious freedom and gay rights will re-emerge in the Kansas Legislature next week, but a key senator said Friday he has no intention on working on a new bill.

An informational hearing will be held Thursday by the Senate Judiciary Committee on what is called the Kansas Preservation of Religious Freedom Act, which was approved last year and signed into law by Gov. Sam Brownback.

That law says that government cannot substantially burden a person's right to exercise religion.

It was approved in 2013 with little opposition after gay rights advocates said language had been removed from a 2012 version of the bill that would have opened the door to discrimination against gays and lesbians.

Then this legislative session, another bill emerged that said people could cite religious beliefs to deny services and goods to same-sex couples.

Supporters said that measure was aimed at ensuring people involved in the wedding business, such as bakers and photographers, wouldn't have to work at same-sex ceremonies if they opposed gay marriage based on religious reasons.

Wednesday, February 26, 2014

Gay-rights advocates rally at Kansas Statehouse; efforts underway to revive alternative bill

By SCOTT ROTHSCHILD, The Lawrence Journal-World

TOPEKA, KAN. — As protesters rallied Tuesday outside the Capitol to bury a bill that they said would have provided legal protection for discrimination against gays, a Christian group sought to revive an alternative.

"We are not seeking to discriminate against anyone," said Robert Noland, executive director of the Kansas Family Planning Council Action.

Noland said his group was speaking with legislators about putting together an alternative to House Bill 2453, which was approved in the House earlier this month but then killed after an avalanche of criticism.

Opponents said HB 2453 would have allowed widespread discrimination against same-sex couples. Senate leaders pulled the plug on the bill as numerous businesses weighed in against the measure. Similar bills are generating mounting opposition in other states, including Arizona.

Noland, who testified in favor of HB 2453, said his group only wants to protect people in the wedding industry, such as bakers and photographers, from having to assist in a same-sex marriage ceremony if they have religious beliefs opposing same-sex marriage.

Noland's group released a poll that said 64 percent of Kansans would support "a bill that protects a Kansan employee or business owner in the wedding industry from being forced to assist in a same-sex marriage — either by photographing, catering or providing some related service — if that meant violating their faith."

That poll of 400 voters was conducted Feb. 19 by Lawrence Research of Santa Ana, Calif., and has a margin of error of plus or minus 5 percentage points.

Meanwhile about 200 gay-rights supporters met at the Statehouse and then rallied outside, warning against the resurrection of HB 2453 or a similar measure.

Brandi Fisher, executive director of the Mainstream Coalition, said, "House Bill 2453 plain and simple is a discrimination bill. While the number may be dead, this language is very much alive."

Lisa Grossman, an artist from Lawrence, said she came to the rally "To stand up for everyone." Kelly Barth of Lawrence said, "Anytime you discriminate against a group of people, you're dead wrong."

Another poll, this one by Public Policy Polling, showed that 59 percent of Kansans oppose allowing individuals and businesses to refuse service for same-sex couples. Only 29 percent would support that measure, according to the survey of 693 Kansas voters that was taken from Feb. 18 through Feb. 20. The margin of error was 3.7 percentage points.

Robert Eye, an attorney from Lawrence who attended the rally, said, "Most Kansans are offended by this proposal."

He said HB 2453 had numerous deficiencies. The measure said if someone had "sincerely held religious beliefs" they could deny services.

How would "sincerely held religious beliefs" be proven, Eye asked. He said that could be "a very large rug under which much mischief could be swept."

Eye said the legislation was "a manifestation of the need for the hard-core religious right to show that they have power."

But Noland, with the Kansas Family Policy Action, said a religious liberty bill needs to move forward to preserve religious liberty in case Kansas' constitutional ban on same-sex marriage is struck down by the courts.

"If we need to craft this tighter, we need to look at that and do that," he said.

Wednesday, February 19, 2014

Debate over religious beliefs, gay rights will continue

By SCOTT ROTHSCHILD, The Lawrence Journal-World

TOPEKA, KAN. — Some legislators say they want the issue to go away, but it won’t.

Last week, the Kansas Legislature was the object of political scorn across the state and nation after the House approved a bill that critics said would allow Jim Crow-like discrimination against gays and lesbians.

While nearly all Democrats opposed the bill, the deathblow came from Senate Republican leaders — conservatives who oppose same-sex marriage but who heard from a howling business community that said the bill would have been a legal nightmare for employers.

Now even some House members who voted for the bill are backtracking.

But even though House Bill 2453 has been buried, the conflict between gay rights and the religious beliefs of some will rise again as early as next month.

Senate Judiciary Committee Chairman Jeff King, R-Independence, said his committee will hold hearings to examine laws passed in recent years in Kansas regarding religious liberty and talk with legal experts to see if there are any “holes in those protections.”

Saturday, February 15, 2014

Republican leaders promise rewrite of bill dealing with religious freedom and same-sex marriage

By SCOTT ROTHSCHILD, The Lawrence Journal-World

TOPEKA, KAN. — Republican legislative leaders on Friday sought to distance themselves from a House-approved bill that would have allowed people to cite religious beliefs in denying services to same-sex couples.

House Bill 2453 was approved 72-49 on Wednesday, prompting strong reaction around the country.

But on Thursday Senate President Susan Wagle, R-Wichita, essentially killed the measure, saying the bill was much broader than supporters had claimed and it would have harmed businesses.

AT&T and other companies announced their opposition to the bill.

"This legislation is impossible to implement," said AT&T Kansas President Steve Hahn. "The bill promotes discriminatory behavior by businesses against their customers; and it interferes with AT&T's management of our employees," he said.

In Lawrence, David Greenbaum, the owner of DoctorDave Computer Repair, on Friday decided to shut down for one day in protest of the bill.

"Denying customers service is bad for business and bad for the Kansas economy. Our Legislature should be encouraging companies to do business in and with Kansans," Greenbaum said.

Thursday, February 13, 2014

Kansas House approves allowing businesses to deny service to same-sex couples

By SCOTT ROTHSCHILD, The Lawrence Journal-World

TOPEKA — The Kansas House on Wednesday approved a bill that says people can cite religious beliefs to deny to same-sex couples goods, services, accommodations or employment benefits.

House Bill 2453 was approved 72-49 and will now go to the Senate for consideration.

The Douglas County delegation, three Democrats and one Republican, voted against the bill.

Supporters of the measure said it would protect from lawsuits and government action individuals who refuse to provide services to same-sex couples because they believe homosexuality is morally wrong.

They said these peoples’ religious rights are being trampled by recent court decisions striking down other states’ bans on same-sex marriages.

“It’s just a protective measure to ensure the religious liberties we already have will stay in place the same no matter what happens in the future,” said Rep. Charles Macheers, R-Overland Park.

Tuesday, February 11, 2014

Kansas House gives first-round approval to ‘religious freedom’ measure that critics say encourages discrimination against gays

By CAITLIN DOORNBOS, The Lawrence Journal-World

KANSAS CITY, KAN. ----- With a 72-42 vote Tuesday, Kansas House members gave first-round approval to a bill that aims to protect the rights of individuals, religious groups and businesses to refuse services or goods for gay weddings based on religious beliefs.

“It’s just a protective measure to ensure the religious liberties we already have will stay in place the same no matter what happens in the future,” said State Rep. Charles Macheers, R-Overland Park, referring to the possibility that Kansas’s constitutional amendment banning gay marriage could be overturned.

Michael Schuttloffel, executive director of the Kansas Catholic Conference, said many businesses in Kansas are unaware of potential threats to their religious freedoms.

“If the Kansas marriage amendment is ever struck down by the courts, all sorts of possibilities never contemplated by most small business owners could suddenly present themselves,” Schuttloffel said.

But Rep. Barbara Ballard, D-Lawrence, said the bill offered anything but protection.

Thursday, March 28, 2013

Gay rights advocate says compromise reached on quarantine bill

By SCOTT ROTHSCHILD, The Lawrence Journal-World

A gay rights advocate said Thursday a compromise has been reached on a bill that could result in the quarantine of people with AIDS or HIV.

House Bill 2183 would remove a current provision that exempts those with HIV or AIDS from possible quarantine.

Kansas Department of Health and Environment officials said they wanted to remove the exemption because HIV and AIDS are infectious.

During a hearing on the bill, Paul Marx, an associate chief counsel with KDHE, said there would be no medical reason to isolate or quarantine a person infected with HIV or suffering from AIDS. But Marx added, "I can't say that would never happen, if the virus were to mutate." He added, however, "That is hugely speculative."

Tom Witt, executive director of the Kansas Equality Coalition, said he wanted the HIV/AIDS quarantine exemption restored.

Sunday, February 10, 2013

New version of Kansas Religious Preservation Act appears to address gay rights concerns

By SCOTT ROTHSCHILD, The Lawrence Journal-World

The Kansas Preservation of Religious Freedom Act, which last year was portrayed by some as anti-gay, has re-emerged this year, but in a form that gay rights advocates say they can live with.

“We don’t have an issue with the bill,” said Tom Witt, executive director of the Kansas Equality Coalition.

During the 2012 legislative session, Gov. Sam Brownback’s administration and state Rep. Lance Kinzer, R-Olathe, pushed for the Religious Preservation Act, saying it was needed to prevent the government from interfering with an individual’s beliefs.

“Free exercise of religion is at the core of who we are as a people,” Kinzer had said. Lt. Gov. Jeff Colyer cited the health care overhaul signed by President Barack Obama that requires most employers to cover birth control as an example of the federal government trampling on religious liberties.

The original version of the Religious Preservation Act would have prohibited government from substantially burdening a person’s exercise of religion unless it furthered a compelling interest and was done in the least restrictive way possible.