Kansas Laws on Gay Rights

While federal law defines marriage as a union between a man and a woman for purposes of taxes and other federal matters, state law primarily governs marriage.

In Kansas, same-sex marriage is not permitted and any same-sex relationship cannot be legally recognized. Couples of the same sex in Kansas are not entitled to any legal rights regarding their relationship.

This means they cannot purchase property together, nor can they share health insurance or even visit their partner in the hospital if they were to be in critical condition. According to the State Constitution of Kansas, “The marriage contract is to be considered in law as a civil contract between two parties who are of the opposite sex. All other marriages are declared to be contrary to the public policy of this state and are void.”

On Feb. 13, 2014, Kansas’ House passed Bill 2453 with a vote of 72-49. This bill is defined as an act concerning religious freedoms with respect to marriage. According to the article “Kansas House Passes Bill Allowing Refusal of Service to Same-sex Couples” by Ben Brumfield, the bill says that, “No individual or religious entity shall be required by any governmental entity to do any of the following, if it would be contrary to the sincerely held religious beliefs of the individual…regarding sex or gender: provide any services, accommodations, advantages, facilities, goods, or privileges. Provide counseling, adoption, foster care, or other social services. Or provide employment or employment benefits.” Under the protection of this law, any business or individual who turns away a gay couple can no longer face a civil suit. The Kansas Senate leaders did not pass this bill as they considered it to be discriminatory.

This month, there will be hearings for the Senate committee to explore the issue of religious liberty. If the Senate committee does produce legislation for these religious liberties, it will have sharp focus.

Bill 2453 was too broad. In an article written in The Kansas City Star titled “Kansas Senate Leaders Kill Bill Allowing Service Refusal to Same-sex Couples,” Rep. Lance Kinzer wrote, “…the core things that we’re trying to achieve here is that sincere and thoughtful people disagree on the marriage issue. We simply want to make sure the government doesn’t use punitive measures to punish anyone on either side of that issue.”

As of today, 16 states have legalized gay marriage and four have legalized civil unions. With the way things seem to be going, more and more states will legalize gay marriage.