Land Of The Free, Home Of The Sapphire: Kansas Begins Recognizing Gay Marriages

Via the Wichita Eagle:

The same-sex spouses of state employees are now eligible for the state’s health insurance plan, according to a spokeswoman for the Kansas Department of Health and Environment. A same-sex spouse of a state worker or public university employee can now apply to be added to their spouse’s plan through the agency or school’s human resources department. “We’re accepting applications from same-sex spouses of state employees starting this morning,” said Sara Belfry, spokeswoman for KDHE, the agency that oversees the state employee health plan. “If someone applies today, the effective date would be August 1.” Belfry said that other policies, such as Medicaid eligibility for same-sex spouses, are still being hammered out by the agency. Jeannine Koranda, spokeswoman for the Department of Revenue, said that agency has also updated its policy so that same-sex couples can change their names on their driver’s licenses if they present their marriage certificate.

Equality Kansas is reporting that adoption by married same-sex couples is also now permitted. As you can see, Wikipedia has re-reverted Kansas to sapphire after yesterday afternoon's very brief moment on the side of justice. Ten days to all 50 states. Faster than many of us thought. And probably none of us predicted that Kansas would be the last. My money had been on Alabama.

Kansas: The State Of Confusion

Late yesterday Wikipedia briefly turned Kansas sapphire after Equality Kansas and others reported that state agencies had finally begun recognizing same-sex marriages. Those reports were hotly denied by the Brownback administration and Wikipedia quickly reverted Kansas to its lone holdout purple status. This morning Equality Kansas is asking for help:

We have statements from LGBT Kansans that they have either been able to get their license changed, or have been notified verbally or in writing that they may apply for their spousal benefits. Late yesterday, however, officials in Governor Brownback’s office denied this was the case. This is no longer the State of Kansas. It’s now the State of Confusion, and of continued denial of our constitutional rights. IMPORTANT: If you are going to try to update your drivers license, or access any other marriage benefit previously denied you by law, please do the following: Get the name(s) of any government officials you talk to, including their job title and contact information. Get a copy of any documents they read to you. We have heard from members that officials in government offices have been reading prepared statements justifying their denial of your rights. If possible, use your cell phone video to record any encounter that results in a denial of recognition of your marriage.

Residents are encouraged to deliver the above information to Equality Kansas.

Has Kansas Finally Gone Sapphire?

Not so fast, says the Topeka Citizen-Journal:

Married same-sex spouses will be able to join the state’s employee health plan, an Emporia State University spokeswoman said Monday – though the state agency overseeing the plan denies that they are now eligible. Gwen Larson, Emporia State University spokeswoman, said the university had received notification earlier in the day that same-sex spouses will be able to be added to health plans, though she did not know details, such as when coverage would begin.

“Yes, we have been notified that our employees who are in legalized same-sex marriages will fall under the state health plan,” Larson said. But several minutes later, Larson called a reporter back to say official word will come from the Kansas Department for Health and Environment. Larson’s statement followed statements from both the Kansas Board of Regents and the Kansas Department for Health and Environment saying the spouses of gay married state workers were not yet eligible for the health plan.

I'll update this post as more becomes known.

UPDATE: The Wichita Eagle reports that the DMV is allowing name-changes.

A Johnson County woman was allowed to change her name to match her wife’s after being denied on two previous occasions. Michelle Gale-Nelson and her wife, L.J. Nelson, nurses who met 18 years ago in college and were married in March, had previously been told they couldn't change the names on their driver's licenses at DMV offices in Johnson and Wyandotte counties. They expected that Monday would be a repeat and planned to record it.

“We actually thought we were going to get denied. We literally had cell phone cameras ready to get denied,” Gale-Nelson said. “We literally had the SCOTUS ruling in our hands.” But this time the supervisor who rejected the request in May ready to approve the change, explaining that the Department of Revenue had sent out an e-mail earlier in the day allowing changing the names on licenses for same-sex couples. “He even shook our hands, apologized for the previous time that we were here, you know, and said he just didn’t want to lose his job,” Gale-Nelson said. “He had to follow the rules.”

KANSAS: State Agencies Hold Back Marriage Recognition As Brownback Considers New Religious Liberty Bill

It's almost one full week after Obergefell and Kansas remains the lone purple holdout in Wikipedia's otherwise all-sapphire marriage map. Here's why, via the Kansas City Star:

Republican Gov. Sam Brownback said Thursday that he’s considering proposing a new religious objections law for Kansas following the U.S. Supreme Court’s legalization of gay marriage, and he defended his administration’s cautious response to the ruling. Same-sex couples can obtain marriage licenses in all 105 Kansas counties, but the state is not allowing gay and lesbian spouses to change their names on driver’s licenses, nor has it said whether couples can file joint income tax returns. The state has not extended coverage to gay spouses under its health insurance plan for government workers. The conservative governor said the state will move “as expeditiously as we can” to make changes, but he didn’t have a timetable. “You have to understand and get the mechanisms in place,” he told reporters. “We’ve had meetings with the attorney general, with the relevant Cabinet agencies. We want to make sure to do this right.” Asked whether he’d outline a proposal for legislators next year, Brownback said, “We’re looking at that.” Lawmakers are out of session for the year. “We want to make sure that people’s religious liberties are protected,” he said.

Last year's attempt to install a RFRA bill in Kansas failed to pass. (Tipped by JMG reader Adam)

15 AGs To Supreme Court: Same-Sex Marriage Will Cause Incalculable Damage

The attorneys general of fifteen states have filed an amicus brief with the Supreme Court in which they predictably argue that a ruling in favor of same-sex marriage will "irretrievably" destroy their right to self-government. From the brief: 

The Constitution takes no sides on same-sex marriage, and therefore leaves the issue up to the free deliberations of state citizens. The fact that Americans have reached different conclusions about this novel question is not a sign of a constitutional crisis that requires correction by this Court. It is rather a sign that our Constitution is working as it should. In our federal system, this issue must be resolved by the "formation of consensus" at the state level. To resolve it instead through federal judicial decree would demean the democratic process, marginalize the views of millions of Americans, and do incalculable damage to our civic life in this country.

While the brief cites Loving several times and acknowledges that there are "constitutional guarantees" on the equal application of marriage laws, somehow those guarantees do not apply to LGBT Americans.

KANSAS: Staffer For Anti-Gay US House Rep Busted On Child Sex Charges

Family Research Council BFF and US House Rep. Tim Huelskamp (above) is best known around here for his attempts to block marriage equality and LGBT rights. But the "family rights" advocate now has a major in-house problem. Via Topeka's CBS affiliate:

A staffer for a Kansas congressman is in jail charged with 17 counts of sexual exploitation of a child. Matthew P. Pennell was arrested on Thursday. Pennell was arrested following an investigation by the Dodge City Police Department and members of the Internet Crimes Against Children task force. The case has been filed with the Ford County Attorney's office. His bond is set at $75,000. Congressman Tim Huelskamp Office issued this response to the allegations: “Upon learning of his arrest, the Office immediately placed Mr. Pennell on Leave Without Pay until further notice. Because this is an ongoing investigation, we are unable to provide further comment at this time." – Mark Kelly, Chief of Staff, Office of Congressman Tim Huelskamp.

(Tipped by JMG reader TJ)

Wikipedia Map Introduces Purple States

The editors of Wikipedia's marriage equality page today introduced purple-shaded states to reflect the "complicated" situations in Kansas, Missouri, and Alabama.

Most counties in Alabama had issued same-sex marriage licenses for several weeks after a federal court legalized same-sex marriage, but all have stopped in response to a conflicting order by the state supreme court. However, the state court did not nullify same-sex marriage recognition. Many jurisdictions in Kansas issue marriage licenses to same-sex couples, but same-sex marriage is not recognized by the state government. Same-sex marriage licenses are issued by three jurisdictions within Missouri. Legal same-sex marriages are recognized by the state government. The state's same-sex marriage ban has been overturned, but the decision is stayed indefinitely.

What shade of purple should we call this? Pansy?

KANSAS: Hundreds Protest Brownback

Hundreds of Kansans protested against Gov. Sam Brownback today in a rally held at the state capitol building. From the Topeka Capitol-Journal:

Organizers in the gay, lesbian, bisexual and transgender community arranged the protest on short notice after Gov. Sam Brownback announced Tuesday that he would rescind an executive order issue by former Gov. Kathleen Sebelius that prevented some state employees from being fired on the basis of sexual orientation or gender identity. Brownback framed the issue as an attempt to make sure all state employees had the same protections. Kansas law prohibits discrimination based on religion, race, gender and some other categories. To Tom Witt, executive director of Equality Kansas, removing the protection not only threatens some employees’ livelihoods, but insults them and their work for the state. “(Brownback) told every one of them that is L, G, B or T, ‘I don’t value you,’” he said. Witt urged the crowd to continue protesting and to support HB 2323, which would add sexual orientation and gender identity to the state’s anti-discrimination laws. The bill’s sponsor, Rep. John Carmichael, D-Wichita, spoke during the rally about how Kansas and the United States have expanded equality over time to women, racial minorities, immigrants and people with disabilities. “Our law still allows Kansans to be fired for who they love,” he said.

(Tipped by JMG reader Michael)

Jon Stewart On Kansas Gov. Brownback: There's No Place Like Home...ophobia

KANSAS: Gov. Sam Brownback Rescinds Protections For LGBT State Workers

Kansas Gov. Sam Brownback today rescinded a 2007 executive order that protected state workers from discrimination based on sexual orientation and gender identity.

In place of that order, Brownback issued another order that he said "reaffirms the commitment of the State of Kansas to employment practices which do not discriminate based on race, color, gender, religion, national origin, ancestry or age." The civil rights protection was one of nine executive orders originally signed by Govs. Kathleen Sebelius and Mark Parkinson that Brownback rescinded Tuesday. Most of those orders established boards and commissions that Brownback said no longer meet. Brownback's press secretary, Eileen Hawley, said that when Sebelius signed the original order in 2007, she "unilaterally" established two additional classes of protected citizens. "Any such expansion like that should be done by legislation," Hawley said. Asked if Brownback is proposing such legislation, Hawley said he is not.

The Human Rights Campaign reacts: "This is a dramatic reversal for Kansas. For eight years, LGBT state employees have been guaranteed non-discrimination protections and in one foul, reckless, and shameful decision, Governor Brownback has taken the state backward. His deplorable behavior is a direct assault on fairness and equality in the state.”

KANSAS: "Religious Freedom" Bill Is Back

A bill that would make it legal to discriminate against LGBT citizens might be resurrected in the Kansas legislature. 

Some religious leaders in Kansas are asking lawmakers to bring back House Bill 2453 this legislative session. Also known as the "religious freedom bill", HB 2453 says it protects businesses, clergy and some government workers from having to provide services for homosexual weddings. "This is an ongoing conversation. We're working on the best way to protect Kansan's first amendment rights," says Rep. Steve Brunk of Wichita. HB 2453 passed the House earlier this year, but it died in the Senate. Now leaders on both sides of the polarizing issue are offering different takes on what the passage of a bill like this would mean. Thomas Witt, with Equality Kansas, says the legislature was right to strike the bill down before coming law. "What it would do is enshrine discrimination and bigotry into Kansas law," says Witt.

The renewed push for the bill is being spearheaded by Pastor Terry Fox of Wichita's Summit Church.

Matt Baume: Marriage News Watch

Clip recap: "Marriage could be coming to Florida sooner than we expected. Plus, after last week's big win, the Mississippi lawsuit is now on the fast track to an appeal. And Kansas just lost their latest attempt to hold back the start of marriage."

Matt Baume: Marriage News Watch

Clip recap:

We picked up three states with marriage this week. But in one of those states, some clerks are refusing to issue licenses. Alabama's attorneys are using a discredited anti-gay researcher to build a case for banning marriage. And we have more bad news for what's left of the National Organization for Marriage.

KANSAS: ACLU To Sue To Force State To Recognize Same-Sex Marriages

Via the Wichita Eagle:

The lawyer who successfully sued to overturn Kansas’ ban on same-sex marriage in federal court now plans to amend the lawsuit in order to force state agencies to grant marriage benefits to same-sex couples. Same-sex couples in Kansas can get marriage licenses from Sedgwick and other counties and use those licenses to marry anywhere in the state after a federal district court ruled the ban was unconstitutional earlier this month. However, state agencies have refused to grant newly married same-sex couples the same rights as other legally married couples while Attorney General Derek Schmidt appeals the case.

Doug Bonney, who represented the couples suing the state, said the plaintiffs would amend their complaint to force state agencies to recognize the marriages and grant full legal rights to the newly married couples. This includes the right to change the last name on your driver’s license to your spouse’s. For the spouses of state employees, it also includes receiving state health care benefits. Bonney said they would sue Gov. Sam Brownback if necessary. He added the governor has the authority to direct agencies on how to respond to the ruling but said the administration’s combative response was disappointing. He also said it would cost taxpayers a lot of money in the long run.

A large number of Kansas counties are also continuing to refuse to issue same-sex marriage licenses.

South Carolina & Kansas Turn Sapphire

Not only has South Carolina joined the states displaying our favorite color, Wikipedia's marriage monitors have decided to remove the red stripes of shame from Kansas even though most counties continue to withhold marriage licenses and state agencies continue to refuse to recognize the marriages that have taken place.

Gov. Sam Brownback's administration will not make any policy changes to recognize same-sex couples while it defends the Kansas' gay marriage ban against a federal lawsuit filed by the American Civil Liberties Union, Brownback spokeswoman Eileen Hawley said Wednesday. Hawley said all state agencies would "take the necessary legal actions once this issue is resolved." The U.S. Supreme Court said the state can't enforce its ban on same-sex marriages while the ACLU lawsuit proceeds through the courts. Some Kansas counties are issuing marriage licenses to same-sex couples, but others are not.

The agencies' refusal to recognize the marriages will prevent couples from changing their names on their driver's licenses and could affect such things as state income tax filings, The Wichita Eagle reported. "There are still cases under appeal in the courts, and the department will not do anything different until those are resolved," Department of Revenue spokeswoman Jeannine Koranda wrote in an e-mail. A Lawrence couple who were married Tuesday said they were turned away from a Department of Revenue office when one of them tried to change her last name on her driver's license.

KANSAS: Still A Confusing Mess

Via the Associated Press:

The Kansas Supreme Court cleared the way Tuesday for additional gay marriages in the state's most populous county while declaring that it would defer to the federal courts on whether Kansas' ban on same-sex marriages is constitutional. The Kansas court also declined to say whether all of the state's 105 counties fall under a U.S. Supreme Court order last week blocking the state from enforcing laws and a provision in its constitution against gay marriage. The nation's highest court acted in a lawsuit filed by the American Civil Liberties Union over the denial of marriage licenses to lesbian couples in two counties.

Since the U.S. Supreme Court decision, gay couples have obtained marriage licenses and wed in at least a few counties, but not in those where the chief state district court judges were blocking them. In Kansas, district court clerks issue marriage licenses after a mandatory three-day wait. The inconsistency appeared likely to continue. State Attorney General Derek Schmidt said in a statement that the Kansas court's decision leaves it to the federal courts and local state judges to decide whether marriage licenses are issued to same-sex couples. "Because a provision in the Kansas Constitution is at peril, the state of Kansas will continue its defense in federal court as long as a defense is properly available," Schmidt said.

On its Facebook page, Equality Kansas has listed the 19 counties that are issuing same-sex marriage licenses. They add:

If you do NOT live in one of those counties, you may still go to any one of them and apply for a marriage license. After three days, you can go back to the originating courthouse, pick up your license, and get married ANYWHERE in Kansas. Your signed license must be filed in the courthouse that issued it. We will still have difficulty getting state and local government agencies to recognize our marriages, whether performed in Kansas or out of state. It is likely that litigation will continue for months, perhaps well into next year, before we fully enjoy marriage equality in Kansas. We're making great progress, however, and must keep fighting!

Red Stripes Of Shame For Kansas

Same-sex marriages commenced yesterday in Kansas following the three-day waiting period that began on Thursday. However nearly 100 of the state's 105 counties continue to refuse gay couples as state Attorney General Derek Schmidt presses his claim that last week's ruling only applies to two counties. Therefore, Wikipedia's marriage map monitor has regressed his map and applied the red stripes of shame.

KANSAS: 15 Gay Couples Marry In Wichita On First Day Of Legalization

Via the Wichita Eagle:

Despite vocal opposition and freezing temperatures, Monday was a day for Kansas history textbooks. On the front steps of the Historic County Courthouse in downtown Wichita, 15 same-sex couples proclaimed their love for one another and were legally married. There were cheers of affirmation, but there also was opposition. At the beginning of the mass ceremony, a man standing next to the clergy repeatedly shouted “God said no! God said no!” The crowd of about 100 who were gathered to watch the ceremony chanted back “God said yes! God said yes!” as he continued to chant and was led away. Some of those who opposed the ceremony played loud music. Supporters played equally loud music and then the organ music to Wagner’s “Bridal Chorus.”

Only a handful of the 105 Kansas counties have begun issuing licenses.

“There’s a lot of frustration and impatience,” Thomas Witt, executive director for Equality Kansas, told The Washington Post. Witt said he knows of at least six counties issuing marriage licenses. Others are accepting applications but refusing to issue licenses, while others are refusing to accept applications altogether. Jennifer Rapp, a spokesperson for Kansas Attorney General Derek Schmidt, said his office has asked the Kansas Supreme Court “to provide further guidance to the district courts in light of the federal preliminary injunction.” “We are awaiting a decision on this case,” Rapp said in an email. Schmidt suggested earlier this month in a statement that a decision in the case applied to Douglas and Sedgwick counties, where two lesbian couples were denied marriage licenses. “I think the Kansas attorney general has abdicated his responsibilities,” Witt said. “If anybody is causing chaos and confusion … it’s the Kansas attorney general.”

Schmidt continues to contend that last week's ruling only applies in two counties. (Photos by JMG reader Travis)

Matt Baume: Marriage News Watch

Clip recap:

More victories this week. Marriage has started in Kansas, and a judge has overturned a ban in South Carolina but you still can't get married there yet. The lawyer who got DOMA overturned is now taking on Mississippi's marriage ban. And a few states are taking a closer look at overturning marriage bans at the ballot or in the legislature, just in case the Supreme Court doesn't come through for us.

KANSAS: Mass Gay Wedding To Take Place In Wichita On First Day Of Legalization

Late Wednesday afternoon the Supreme Court lifted its stay on same-sex marriage in Kansas, resulting in several weddings the next day after judges waived the mandatory three-day waiting period. For others that obtained their wedding licenses on Thursday, a mass gay wedding will take place tomorrow in Wichita, the state's largest city. Via that city's ABC affiliate:

On Monday, many couples will be able to legally marry in the State of Kansas. In honor of those who have waited for so long, more than 10 members of the Wichita clergy will conduct a mass wedding ceremony. The historic moment will fall on the footsteps of the Historic Sedgwick County Courthouse on the 500th block of north Main. The wedding will take place at 5 p.m. Monday on the west side of the building. "Some of them have been together, years and years, decades. To finally have that opportunity, this is a huge, huge day," said Carolyn Schwarz, senior minister of Pine Valley Christian Church. "We don't want to make any extra expense or any extra hoops that they have to jump through and make it easy as possible," echoed Jackie Carter, pastor of the First Metropolitan Community Church. "What a great thing that they won't have to spend all of these days feeling less than. That they can right away be honored and respected as equal partners."

Those wishing to participate need only bring their marriage license to the courthouse by 4:45PM. A reception will immediately follow at the Fantasy Complex, which promises to provide "all the traditional wedding fixtures" including cake. There's a Facebook event page for the ceremony. JMG reader Travis will be on hand to supply us with photos.