Senate takes up amendment to ban gay marriage

? Senators on Thursday debated a proposed amendment to the Kansas Constitution to ban gay marriage, with the outcome to determine whether the measure goes on the ballot.

The proposed amendment declares that only marriages between one man and one woman are valid. The measure also says the state shall not extend benefits normally associated with marriage to any other relationship — effectively prohibiting civil unions or domestic partnerships for same-sex couples.

The House approved the proposed amendment earlier this month. If the Senate makes no changes and adopts the measure by a two-thirds majority of 27 of 40 senators, voters would decide its fate in the Nov. 2 general election.

A 1996 Kansas law already bans gay marriage, but supporters have said the amendment’s adoption would protect the statute from being invalidated by a Kansas court. The measure is a response to a November ruling by Massachusetts’ highest court, which found it was unconstitutional in that state to ban gay marriage.

Supporters also have argued the amendment would uphold long-cherished values and that families formed by traditional marriages are the foundation of American society.

Opponents have argued the amendment would write discrimination against gays and lesbians into the state constitution. They also have suggested the amendment would face a legal challenge in the federal courts.

Kansas is one of 34 states with a law banning gay marriage, but legislators in at least 15 of them are considering state constitutional amendments. Four states — Alaska, Hawaii, Nebraska and Nevada — have constitutional provisions.

Gay Marriage ban is HCR 5033.