Kansas House Bill 2453

Kansas House Bill 2453, also known as the Religious Freedom Act, is a piece of legislation proposed in the state of Kansas that would allow people to refuse to provide services in any way related to any relationship (same-sex or otherwise) under the name "marriage, domestic partnership, civil union or similar arrangement" if their objection to doing so is based on their religious beliefs.[1][2] Representative Charles Macheers (R-Shawnee) introduced the legislation on January 16, 2014.[3] It passed in the House but was not taken up by the Kansas Senate.

Background

Kansas does not have any legislation preventing discrimination on the basis of either sexual orientation and gender identity. Based on an executive order by Governor Kathleen Sebelius, Kansas has prohibited discrimination on the basis of sexual orientation or gender identity (in government employment only) since 2007, and has since been repealed on February 10, 2015 by another Executive Order by the Governor of Kansas Sam Brownback.[4][5]

Although same-sex marriage is now legal throughout the United States since June 26, 2015, under the Obergefell v. Hodges decision of the Supreme Court of the United States. Supporters of this legislation felt religious individuals and institutions needed protection from getting sued or otherwise punished for denying services to gay and lesbian couples.[6]

Provisions

The legislation 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 or religious entity regarding sex or gender:[7]

  • Provide any services, accommodations, advantages, facilities, goods, or privileges; provide counseling, adoption, foster care and other social services; or provide employment or employment benefits, related to, or related to the celebration of, any marriage, domestic partnership, civil union or similar arrangement.
  • Solemnize any marriage, domestic partnership, civil union or similar arrangement.
  • Treat any marriage, domestic partnership, civil union or similar arrangement as valid.

Reception

The legislation passed the state's Republican-dominated House on February 12, 2014, by a 72–49 vote.[6] State Senate President Susan Wagle said she anticipated that the bill would not pass the Senate: "A strong majority of my members support laws that define traditional marriage, protect religious institutions, and protect individuals from being forced to violate their personal moral values. However, my members also don't condone discrimination."[8] On February 18, the Catholic bishops of Kansas reiterated their support.[9]

Representative Emily Perry (D-Overland Park) criticized the bill, citing a hypothetical example of emergency services personnel such as a police officer who, arriving at the scene of a domestic violence dispute, could endanger lives by refusing protective services.[10] Holly Weatherford, spokeswoman for the Kansas chapter of the American Civil Liberties Union, said "Kansas would be the first state to legalize discrimination on the part of employees—government employees."[10] The Kansas Chamber of Commerce said it wanted coverage of private businesses and nonreligious entities removed from the bill. Others disputed whether a distinction can be made between acting on the basis of a same-sex marriage and acting on the basis of sexual orientation.[11]

On February 19, Senator Jeff King (R-Independence), Chair of the Senate Judiciary Committee, said his committee would not consider the legislation, ending its consideration.[12]

The bill's opponents characterize it as establishing second-class citizenship for gay, lesbian, bisexual, and transgender (LGBT) people, while its supporters believe it prevents the state from requiring anyone to perform an action he or she sincerely believes to be wrong as a matter of religious principle.[13][14]

See also

References
  1. "Capitol Watch: Discriminatory bill embarrasses Kansas". Kansas City Star. February 14, 2014. Retrieved February 17, 2014.
  2. Stern, Matt (February 13, 2014). "Kansas Anti-Gay Segregation Bill Is an Abomination". Slate Magazine. Retrieved February 14, 2014.
  3. Lowry, Brian (February 14, 2014). "Kan. Senate president: Bill that allows service refusal to same-sex couples on religious grounds unlikely to pass". The Wichita Eagle. Archived from the original on February 15, 2014. Retrieved February 15, 2014.
  4. "Kansas Governor Tosses Protections for LGBT State Employees". HuffPost. February 10, 2015.
  5. "Governor Repeals LGBT Executive Order". February 10, 2015.
  6. Brumfield, Ben (February 13, 2014). "Kansas House passes bill allowing refusal of service to same-sex couples". CNN. Retrieved February 18, 2014.
  7. "Kansas House Bill 2435" (PDF). Kansas Legislature. Retrieved February 19, 2014.
  8. Murphy, Kevin (February 14, 2014). "Kansas Senate likely to reject bill denying services to gay couples". Reuters. Retrieved February 18, 2014.
  9. Clark, Mary (February 18, 2014). "Kansas Catholic Conference reitieraters stand on religious liberties bill". Hutchinson News. Retrieved February 19, 2014.
  10. Ashtari, Shadee (February 12, 2014). "Kansas State House Passes Bill Allowing Refusal Of Services To Same-Sex Couples". Huffington Post. Retrieved February 18, 2014.
  11. Lowry, Bryan (February 18, 2014). "Kansas Senate leaders say they would alter language in religious freedom bill". Wichita Eagle. Archived from the original on February 18, 2014. Retrieved February 18, 2014.
  12. Hanna, John (February 18, 2014). "Kansas Senate won't consider gay couples discrimination bill". Topeka Capital-Journal. Retrieved February 19, 2014.
  13. Brown, Eric (February 13, 2014). "Kansas Bill Could Soon Legalize Discrimination Against Gays And Lesbians". International Business Times. Retrieved February 17, 2014.
  14. "State rep: House Bill 2453 an attempt to unite Kansans". The Leavenworth Times. February 17, 2014. Retrieved February 17, 2014.
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