Sen. Marci Francisco, D-Lawrence

State Sen. Marci Francisco is being called out by her Republican challenger for voting “pass” 187 times during her 12 years in the Kansas Legislature, including once on a 2006 resolution condemning actions of the anti-gay Westboro Baptist Church in Topeka.

Republican Meredith Richey, of Perry, issued a statement Wednesday, the same day the Journal-World published a story detailing her political work in California from 2004 through 2008 opposing same-sex marriage and other gay rights initiatives.

Richey noted that many of the items on which Francisco voted “pass” were supported by every other member of the Senate, and some were signed into law by former Democratic Gov. Kathleen Sebelius.

“My opponent’s record clearly indicates that she is not willing to work across party lines to find solutions for Kansas and that she is willing to jeopardize the safety of our children and community,” Richey said.

Sen. Marci Francisco, D-Lawrence

Meredith Richey

Richey specifically pointed to a 2006 concurrent resolution in the Senate condemning the church and its leader, the late Fred Phelps Sr., for picketing at the funerals of soldiers who had died in the wars in Iraq and Afghanistan.

Phelps and his followers claimed those deaths were God’s punishment for America’s tolerance of homosexuality.

In response, Francisco pointed to a campaign mailer she sent out in 2008 explaining that she passed because the resolution “did not honor the separation of church and state.” That mailer also noted that she voted in favor of a bill that year to restrict picketing at funerals.

In its original form, according to Senate records, Senate Concurrent Resolution 1623 included a statement that read: “That the Kansas Legislature wishes it to be known throughout the nation that the people of Kansas largely embrace a true Christian message of love for one’s neighbors, rejoicing with those who rejoice and weeping with those who weep and that Mr. Phelps and his followers do not reflect the true spirit of the people of Kansas.”

The word “Christian” was later changed to “religious” by an amendment that Senate Democratic Leader Anthony Hensley, of Topeka, pushed through in the Senate Federal and State Affairs Committee.

When the bill came to the full Senate for consideration March 14, 2006, Francisco offered an amendment to strike the word “religious.” Her amendment failed, and the following day when it came up for a final vote, it passed 39-0, with Francisco voting “present and passing.”

Under the Kansas Constitution, it takes 21 “yes” votes for any bill or resolution to pass, and Francisco has said that a “pass” vote has the same effect as a “no” vote.

In her statement Wednesday, Richey said that means Francisco voted against a resolution condemning the Westboro Baptist Church’s picketing of military funerals.

“What is most concerning is that Senator Francisco was the only Senator to vote against condemning the horrendous actions of the Westboro Baptist Church and the funeral picketing of fallen soldiers,” Richey said. “As a mother of a veteran, I find it very concerning that an elected official would in any way signal their support for the actions of the Westboro Baptist Church.”

Francisco said she routinely sends out newsletters to her constituents during legislative sessions explaining her votes on all issues, including her “pass” votes.

“It means there’s stuff about those issues I agree with,” she said. “If I vote ‘pass,’ it means I’m not against everything in the bill. It means I want to make amendments so I can support it. It’s a recognition that I’m in agreement with some of what’s being proposed.”

Richey also noted that Francisco has been criticized by her Senate colleagues over her “pass” votes, including once earlier this year when Hensley criticized her in a text message for passing on a Republican-backed school funding bill that Democrats opposed and which the Kansas Supreme Court later ruled was unconstitutional.

Francisco and Hensley have apparently put that disagreement behind them. Francisco pointed to an Oct. 18 statement in which Hensley endorsed Francisco for re-election, saying, “She has been an invaluable member of the Senate Democratic Caucus, and no one works harder for the people of Douglas and Jefferson counties.”