KANSAS: Archbishop Praises Brownback For Religous Liberty Executive Order

"We are grateful that Governor Brownback has acted so swiftly to address some of the threats to religious freedom that have taken on new urgency since the United States Supreme Court’s misguided decision in Obergefell v. Hodges. Given the far-reaching effects that redefining marriage will have on the law, and the fact that this incredibly consequential change in national social policy was effected by judicial fiat rather than the democratic process, there is tremendous uncertainty as to what the Obergefell decision will mean for everyday people just trying live their faith as they always have.

"Over the last several years, Catholic Charities in Boston, Washington D.C., and Illinois have been forced to close their adoption ministries because they will only place children in homes with a mother and father. Just last week, the Oregon Bureau of Labor and Industry fined the Christian owners of Sweet Cakes by Melissa $135,000 for declining to bake a cake for a same-sex wedding ceremony. Now that a constitutional right to same-sex marriage has been created, these kinds of cases, already on the rise, will undoubtedly proliferate.

"Kansans who believe that every child deserves a mother and a father should not be punished by the government for that belief. We urge Governor Brownback and members of the Legislature to make the protection of religious freedom for all Kansans a top priority in the coming months. Generations of Americans have taken freedom of conscience for granted. We, sadly, do not have that luxury anymore." - Archbishop Joseph Naumann, via press release.

KANSAS: Gov. Sam Brownback Issues Executive Order On Religious Freedom

Today in wingnut grandstanding:

Gov. Sam Brownback issued an executive order Tuesday prohibiting state government from taking "discriminatory action" against a clergy member or religious organization that "chooses not to participate in a marriage that is inconsistent with its sincerely held religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman." The order comes in the wake of last month's Supreme Court ruling that same-sex couples have a constitutional right to marriage. “We have a duty to govern and to govern in accordance with the Constitution as it has been determined by the Supreme Court decision," Brownback said in a statement. "We also recognize that religious liberty is at the heart of who we are as Kansans and Americans, and should be protected."

Equality Kansas reacts:

Our initial interpretation of this order is simple: It’s one part scare tactics, one part ducking his constitutional responsibility. According to the order, clergy will not be required to officiate at same-sex marriages. No kidding. This has never happened, is not happening, and will never happen. This part of the order is nothing but political scare tactic. The rest of the order is more problematic. The plain language seems to suggest that religious organizations that have contracts to provide taxpayer-funded social services will be able to deny taxpayer-funded services to LGBT Kansans. We are still having this analyzed by our attorneys, but if this proves to be the case, the Governor should be prepared to find himself on the losing end of more expensive litigation. We are incredibly disappointed by Governor Brownback. Instead of treating LGBT Kansans fairly, his only act has been to double-down on treating us as second class citizens. We’re having our attorneys evaluate the specifics of the order.

Back in January 2015, Brownback rescinded the previous administration's 2007 executive order which protected LGBT state workers from employment discrimination. He'd apparently had no issue with that order for his first four years in office, but he had do something after both the Tenth Circuit Court and SCOTUS refused to hear marriage appeals.

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)

Brownback Joins CPAC 2015 Roster

Mere days after he rescinded employment protections for LGBT state workers, the organizers of CPAC have hustled to add Kansas Gov. Sam Brownback to their speakers roster.

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.”

Tenth Circuit To Kansas: Suck It

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.

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: NOM Petitions Governor To Order Clerks To Disobey Supreme Court

See the full petition.

Brian Brown Has The Kansas Super Sadz

"We call on Governor Sam Brownback to reject the idea that Kansas must abandon marriage because out of control federal judges say so. We urge Governor Brownback to use his authority to order local clerks to refuse to issue marriage licenses in violation of state law, as affirmed by the Supreme Court, in recognition that the state courts are not bound to reach the same judgment about the constitutionality of their laws as the lower federal courts. Although this obviously creates a lack of 'harmony' between the state and federal courts on the subject, Kansas has every right to insist that this conflict be resolved by the Supreme Court, not an activist lower federal court. We encourage the Kansas Supreme Court to remain firm in upholding state laws, especially in light of the fact that numerous federal judges have upheld state marriage amendments like Kansas' including the 6th Circuit Court of Appeals, as well as district courts in Louisiana and Puerto Rico. We urge Governor Brownback and state Attorney General Schmidt to aggressively press their appeal to the US Supreme Court." - Hate group leader Brian Brown, via press release.

KANSAS: Marriages Commence In Four Counties As State Continues To Fight

Marriage licenses are being issued today in a handful of the 103 Kansas counties.

Judges in at least four Kansas counties were issuing marriage licenses to same-sex couples a day after the U.S. Supreme Court issued a ruling allowing them to wed. Clerks in other counties were giving applications to gay couples but requiring them to abide by the state’s three-day waiting period before they can get a license. As of midmorning Thursday, Douglas County District Judge Robert Fairchild had waived the waiting period for three couples and said he would consider similar requests on a case-by-case basis. A different judge had agreed to preside over the wedding of one of the couples after the courthouse closes at 5 p.m. CST. Couples received licenses in Sedgwick County, while judges in Cowley and Riley counties each had issued one marriage license to same-sex couples.

Gov. Sam Brownback and Attorney General Derek Schmidt continue to contend that yesterday's ruling only applies in two Kansas counties.

KANSAS: Gov. Sam Brownback Vows To Keeping Fighting Same-Sex Marriage

Via the Associated Press:

Gov. Sam Brownback isn’t giving up on defending the state’s gay-marriage ban despite a U.S. Supreme Court ruling clearing the way for same-sex marriages in his state. The court on Wednesday denied the state’s request to prevent gay and lesbian couples from marrying while Kansas fights the issue in court. The Republican governor supports the ban and has said it is worth defending because voters overwhelmingly approved an amendment to the state constitution against gay marriage in 2005. After the U.S. Supreme Court ruling, the governor issued a statement saying he took an oath to support the state constitution. He added that he would review the decision and consult with state Attorney General Derek Schmidt on “how best we continue those efforts.”

Appeals are continuing in several other states where marriages have already commenced.

Caption This

That's Kansas Gov. Sam Brownback. You'll recall that the Benhams gave the same treatment to Alan Robertson, Rick Perry, and Bobby Jindal. Note that the coming Houston hate rally logo is on the screen behind them.

KANSAS: Duggars And FRC Rally Today Against Gays With Gov. Sam Brownback