Senate defeats gay marriage ban

? After more than six hours of heated debate, the Kansas Senate today rejected a proposed constitutional amendment that would have prohibited gay marriage.

Moderates, who opposed the ban, and conservatives, who thought it had been weakened during Senate action, combined to defeat the proposal, 17-16, with six members present but not voting and one absent.

The measure needed a two-thirds’ majority, or 27 of 40 votes, in order to make it to the ballot for voters statewide.

Conservative Republicans accused moderate Republicans of using parliamentary maneuvers to weaken the measure and then hide their tracks.

“What a terrible, terrible way to treat the voters of the state this way,” state 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,” state Sen. Tim Huelskamp, R-Fowler, said.

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

Adkins, who opposed the gay marriage ban, 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, but voted against it on final passage.

“When it comes down to moral stuff, I have to vote with my heart,” he said. State Sen. Bob Lyon, R-Winchester, supported the gay marriage prohibition in the form it came over from the House and voted against the Oleen amendment. He was not present during the final vote.

Gay rights advocates were pleased with the final Senate vote. “This is a historic day that continues Kansas’ legacy regarding civil rights,” said Tiffany Muller, with Kansas Unity and Pride Alliance.

“May it send a message of acceptance across this great state and the country,” she 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 ultimately reverse this action,” he said.