House adopts proposed constitutional amendment to ban gay marriages

? The state House approved Friday a proposed amendment to the Kansas Constitution that bans gay marriages, as well as the granting of benefits associated with marriage to other relationships.

The vote was 88-36, giving the measure only four votes more than the two-thirds majority of 84 necessary for adoption of a proposed constitutional change. The measure now goes to the Senate.

Before Friday’s final action, some House members said the amendment could receive as many as 100 votes, mirroring what they saw as popular support for the amendment.

However, during a debate Thursday, the House voted 84-35 against an attempt to rewrite the amendment as a resolution expressing support for both traditional marriage and Vermont-style civil unions for same-sex couples.

The debate and the vote on the civil unions proposal led other House members to think the margin for a ban on gay marriages could be narrower.

If the Senate adopts the proposed amendment by a two-thirds majority, it will go on the Nov. 2 general election ballot, where approval by a simple majority of voters would add it to the constitution.

Kansas already has a law, adopted in 1996, stating that marriage is valid only between one man and one woman. The proposed amendment would add a similar statement to the state constitution, plus the prohibition on granting of benefits associated with marriage to other relationships.

Some voting against the amendment quoted the Declaration of Independence and the Gettysburg Address. Rep. Nancy Kirk, D-Topeka, recited a long list of wrongs in American history, including slavery and denying women the right to vote.

“We are wrong today,” she said. “When will we ever learn?”

But supporters said they were protecting families.

Rep. Vern Osborne, R-St. George, quoted a teacher’s e-mail to him: “Kids starting out with a mom and dad have a great advantage. Please protect that.”

Some House members said the vote could be close if the amendment reaches voters.

“It will probably pass, but I don’t think by a really significant margin,” said Rep. Paul Davis, D-Lawrence, who opposed the amendment. “Proponents of it may overestimate the amount of support out there for it.”

Supporters said they want to prevent a Kansas court from invalidating the existing statute. The bill was filed in response to a Massachusetts Supreme Judicial Court declaration that banning gay marriage was unconstitutional in that state.

Gov. Kathleen Sebelius has questioned the need for the amendment because of the 1996 law.

“There really is no need to go further, in her opinion,” Sebelius spokeswoman Nicole Corcoran said Thursday.

Kansas is among 34 states with laws against gay marriages, but legislators in at least 15 of them are considering constitutional changes. Four states already have constitutional provisions against same-sex marriages — Alaska, Hawaii, Nebraska and Nevada.

Local officials in California, New Mexico, New York and Oregon recently have granted marriage licenses to same-sex couples. Of those states, only California has a law against same-sex marriages.

In other action Thursday:

  • The House approved and sent the Senate a bill allowing Kansans to carry concealed weapons, but not by a veto-proof majority.
  • A House committee endorsed a proposed social services budget after acrimonious debate over where best to increase spending to help young children.
  • The Senate approved a bill to allow construction of private prisons in Kansas, sending the measure to the House.
  • A House panel heard testimony on a bill to define fetuses as persons in criminal law to clarify that attacking or injuring them is a crime.
  • A Senate committee heard from Dodge City and Salina school officials about their proposal to increase education funding by $1.03 billion.