Despite ruling, gay couples in Kansas still battling for recognition

? Despite the recent U.S. Supreme Court ruling that legalized same-sex marriage nationwide, the state of Kansas still has not changed any of its policies that deny legal recognition of those marriages, and gay rights activists are accusing the state of dragging its feet.

“I actually think the state is opening itself up to suits for damages for not recognizing same-sex marriages,” said David Brown, a Lawrence attorney who represents several gay couples. “If state employees deliberately and intentionally deny couples the rights to which they’re entitled, there are legal ways people can sue for financial damages.”

As of last week, district courts in all 105 counties in Kansas reported they were issuing marriage licenses to same-sex couples.

But once those couples are legally married, Brown said, they still face a whole host of issues ranging from the complex, like getting family health care coverage through an employer or filing joint tax returns, to seemingly simple issues like changing a person’s last name on his or her driver’s license.

“In my mind, it’s absurd for the state to say you can get married but we’re not going to give you any of the rights of being married,” Brown said. “That’s what’s going on now, on all fronts.”

Brown represents two gay couples, including one couple in Lawrence, who have been suing the Kansas Department of Revenue for the right to file joint tax returns. That case, which is pending before Judge Frank Theis in Shawnee County, was put on hold last year while a separate case filed by the American Civil Liberties Union was being argued in federal court in Kansas City, Kan.

But Brown said as soon as the U.S. Supreme Court’s decision was announced June 26, he received a call from Theis’ office asking the attorneys to set a date for a hearing. He said he expects that hearing to be held in late July.

Meanwhile, U.S. District Judge Daniel Crabtree, who is presiding over the federal case, has not issued any orders in that case since the Supreme Court decision was announced. That case is currently set for trial in November.

Gov. Sam Brownback told reporters Thursday that he’s been meeting with cabinet secretaries and other officials at agencies affected by the ruling, as well as Attorney General Derek Schmidt, to review the ruling and determine what policies will need to change.

But he said he is also concerned about protecting “religious liberties” of people who oppose gay marriage.

“We’re just examining it carefully. We want to make sure people’s religious liberties are protected as well,” he said.

He also said he may propose a religious liberties bill for the 2016 Legislature to consider.

“We’re looking at that as well, but we just want to make sure we do this right and appropriate. And it’s not as if there haven’t been a lot of things going on too,” Brownback said.

“It’s state government,” Brown said when told of the governor’s comments. “It’s designed to serve all citizens, not just a few, and the state needs to implement the law.”

The one state agency that says it is complying with the Supreme Court immediately is the Kansas Public Employees Retirement System.

KPERS spokeswoman Kristen Basso said the pension system, which serves state, local government and school district employees, will immediately allow legal same-sex spouses of KPERS members and retirees to receive all the benefits to which they’re entitled, such as death and disability benefits.

But state employees, including faculty and staff at Kansas University, still face a host of other issues such as being able to add a spouse — and in some cases their spouse’s children — to their State Employee Health Plan coverage.

That’s administered by the Kansas Department of Health and Environment’s Division of Health Care Finance, which has not yet changed its policy of not recognizing spouses in same-sex marriages.

Thomas Tuozzo, a Kansas University professor, and Rodd Hedlund, of Lawrence, who were just married last month, said they hoped the Supreme Court ruling would help push the state to allow employees in same-sex marriages to include their spouses on their benefit policies, and also to file joint tax returns.

“Hopefully it will expedite getting my partner on my benefits,” Tuozzo said shortly after the ruling. “The state employee system is still refusing (to add same-sex spouses).”

KDHE spokeswoman Sara Belfry said there’s a reason for that.

“It’s not that we’re dragging our feet,” Belfry said. “It takes a long time to analyze and review the ruling and then make any policy changes.”

But even in the private insurance market, Brown said, gay couples often have been denied the right to add a spouse to their health insurance policies, at least prior to the Supreme Court’s ruling.

“There are companies that are simply refusing,” he said.

Brown said some of those insurance companies have cited regulations by the Kansas Insurance Department as a reason for denying coverage. But officials in that agency said they are not aware of any statutes or regulations that would prohibit a private insurance company from offering family coverage to same-sex couples who are married.

“It’s always been left up to the company,” said Cindy Hermes, director of public outreach for the department.

She said people who have been denied coverage for that reason “are more than welcome to file a complaint with us, and we would be more than happy to follow up on it.”