Senate advances amendment against gay marriage

? After six hours of heated debate, the Kansas Senate today advanced a proposed constitutional amendment that prohibits gay marriage.

But the measure failed, at least initially, to get the two-thirds vote that would be needed to put it on the ballot in November for voter consideration statewide. A final vote on the matter in the Senate is scheduled for either later tonight or tomorrow. In addition, the proposal that was advanced to final action on a 21-17 vote was changed in a way that vocal opponents of same-sex marriages said essentially killed the entire proposal.

“This is an absolutely shameful day in the Kansas Senate,” Sen. Susan Wagle, R-Wichita, said. Conservative Republicans accused moderate Republicans of using parliamentary maneuvers to weaken the amendment and then hide their tracks.

“What a terrible, terrible way to treat the voters of the state this way,” Sen. Les Donovan, R-Wichita, said.

The proposed amendment came over to the Senate from the House stating that marriage is a civil contract between a man and a woman, and that all other marriages are void. It also said that no relationship other than a marriage between a man and a woman would be recognized by the state as entitled to the benefits, rights and privileges of marriage.

But Senate Majority Leader Lana Oleen, R-Manhattan, proposed a change in the amendment to drop the language that dealt with benefits. Oleen said current state law and state Supreme Court decisions were strong enough to protect the institution of marriage.

Conservatives howled that by removing the language pertaining to marriage benefits, then so-called civil unions or domestic partnerships between same-sex couples could be allowed and those arrangements could receive the benefits of marriage.

“To equate the institution of marriage to civil unions and domestic partnerships is an insult to all Kansans, and I believe they will rise up in protest,” Sen. Tim Huelskamp, R-Fowler, said.

Conservatives also complained that moderates led by Sen. David Adkins, R-Leawood, used procedural gymnastics to avoid a recorded vote on the Oleen amendment.

Adkins, who opposed the proposed constitutional amendment, took the floor of the Senate for 4 1/2 hours, offering changes that were all defeated. State Sen. Derek Schmidt, R-Independence, who was chairing the proceedings had ruled that Senate rules allowed only five recorded roll-call votes per measure.

By the time Oleen’s amendment came around, all the available roll-call votes had been used up. It was adopted on a non-record 23-17 vote.

State Sen. Mark Buhler, R-Lawrence, voted for Oleen’s amendment, and then voted to advance the measure to final passage. He said he will probably vote against the proposed amendment on final passage. “I helped move it to final action, but I’ll probably vote against it,” he said.

Much of the day was spent with Adkins at the center of debate, offering amendments to gut the measure, then send it back to committee.

After those failed, he offered amendments — tongue in cheek — to make illegal homosexual acts, divorce and legal separation.

Conservatives said Adkins was simply trying to burn up roll call votes. “An attempt is under way to make certain our constituents don’t see our votes on this issue,” Huelskamp said.

But in a fiery speech, Adkins told senators he wasn’t going to let the majority will “screw the little guy.” He said the Legislature and voters may put the ban on gay marriage in the state constitution, but at some point in the future that move will be undone. “The march of liberty will utlimately reverse this action,” he said.