Pending lawsuits seeking full recognition of gay marriages in Kansas

? Actions by the state of Kansas Tuesday to grant limited recognition of same-sex marriages have done nothing yet to alter the status of two pending lawsuits against the state, according to attorneys involved in those cases.

David Brown, a Lawrence attorney suing the Department of Revenue in state court, and Doug Bonney of the American Civil Liberties Union, who represents gay couples suing the state in federal court, said Wednesday that those cases are still active, and the issues involved in them are still not fully resolved.

“I’m pleased with the decisions to recognize marriage as far as they’ve gone,” Brown said. “But the state needs to go a great deal further.”

On Tuesday, state officials announced that legally married same-sex couples can now apply for family insurance coverage under the State Employee Health Plan. And the Department of Revenue announced that its Vehicles Division will allow married individuals to change their last name on their drivers licenses, regardless of the gender of their spouse.

But the state still will not allow same-sex married couples to file joint tax returns, nor will it allow them to adopt children as a couple, although they can do so as individuals.

Gov. Sam Brownback’s press secretary Eileen Hawley said Tuesday that those policies are still under review. And while she said the state plans to comply with a recent U.S. Supreme Court decision that legalized same-sex marriages nationwide, Hawley said she could not say exactly when the state would come into compliance.

Brown represents clients who are suing the Department of Revenue for the right to file joint tax returns, which same-sex couples are already allowed to do on their federal returns. A hearing in that case is set for 11 a.m. July 24, in Shawnee County District Court before Judge Frank Theis.

Meanwhile, a separate case is pending in federal district court in Kansas City where several couples are seeking an order for the state to grant full recognition of gay marriages.

ACLU attorney Bonney filed a motion for summary judgment in that case in February. But nearly two weeks after the Supreme Court’s ruling, U.S. District Judge Daniel Crabtree has not issued any orders or ruling.

“I have no idea when he’ll issue a decision or anything else,” Bonney said. “It’s totally at his discretion, of course.”

Kansas Attorney General Derek Schmidt’s office said earlier this week that it is still analyzing the Supreme Court decision and meeting with the specific agencies being sued to determine what legal course of action it should take next.

On July 2, however, Schmidt signed a joint letter with 13 other state attorneys general asking Republican congressional leaders to take steps to prevent the IRS from revoking the tax exempt status of religious organizations that refuse to recognize gay marriages.

Both Brown and Bonney also said they were disappointed in an executive order Brownback issued Tuesday purporting to protect the religious freedoms of any individual clergy religious organizations that, “chooses not to participate in a marriage that is inconsistent with its sincerely held religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman.”

“While we disagree with the decision of the Supreme Court, it is important that all Kansans be treated with the respect and dignity they deserve,” Brownback said in a statement announcing the executive order.

Brown called the executive order “mean spirited,” and said the result would be “to encourage people who are essentially bigots to improperly discriminate against members of the LGBT community.

“The bottom line is, it encourages discrimination,” Brown said.

Bonney said he is concerned about how the order will be implemented, especially for faith-based organizations that provide social services such as homeless shelters, foster care placements and adoption services, some of which receive public funding and support.

“We would have to look at whether there’s state involvement, either funding or other support,” he said. “That’s why there’s no immediate lawsuit. We’ll have to see how it plays out.”