Senate votes to ban gay marriage

If House follows suit, measure could be on April ballot

? The Kansas Senate on Thursday approved a proposed constitutional amendment banning same-sex marriage, setting the stage for a possible statewide vote on the issue in less than three months.

“Marriage needs protection right now,” said the Rev. Joe Wright of Wichita, after the Senate action. “This was a victory for the voters of Kansas.”

Others had a different view.

“This is a sad day in the Kansas Senate and a sad day in the state of Kansas,” said Sen. John Vratil, R-Leawood.

He called the amendment discriminatory because it singles out homosexuals and treats them “in an inferior manner.”

“Never before in the history of our state have we added an amendment to the constitution that proactively discriminates against people,” Vratil said. “The people we’re discriminating against are not a threat to my marriage or your marriage. They’re not a threat to our children.”

Senators approved the proposal 28-11, advancing it to the House where quick approval could put the measure on April 5 city and school board election ballots statewide.

Ministers mobilize

The issue has dogged legislators for a year, arising from a decision in Massachusetts where that state’s highest court allowed same-sex marriage.

In Kansas during the 2004 legislative session, the proposed ban lacked the required two-thirds approval in the House and Senate to get on the ballot.

The action: The Kansas Senate adopted a proposed amendment to the state constitution to ban same-sex marriage.The proposal: It also would prohibit the state from allowing civil unions or granting other legal recognition to same-sex relationships.The vote: 28-11, one more than the two-thirds majority necessary for adoption.What’s next: The proposal goes to the House. Many supporters hope House adoption would permit a statewide vote April 5.

Conservative ministers, led by Wright and the Rev. Terry Fox, of Wichita, then mobilized thousands of people to contact lawmakers, making the amendment an issue in the November election. Nationwide, 11 states had same-sex marriage bans on the ballot. In each state the ban was approved.

Returning to session Monday, Kansas Senate leaders said the issue would be the first out of the chute, calling for a vote Thursday — the fourth day of the session — without the usual step of holding public hearings.

“We don’t think this is something that can be put off,” Wright said.

He said the group of ministers would not stop with the same-sex marriage ban, but would push for resolution of other issues such as restricting abortion, gambling and possibly supporting measures to prohibit gay people from becoming foster parents.

“We’re not going to sleep,” Wright said.

Opponents of the amendment said they would try to derail the proposal in the House, where it will require 84 of 125 votes to get on the ballot.

“We will now look to the House to prevail in defeating this unnecessary and potentially unconstitutional measure,” said Tiffany Muller, chairwoman of Kansans for Justice and Equality Project.

Senate debate

On the Senate floor, the debate was over in less than an hour, a stark contrast to last year when the issue prompted lengthy sessions and heated debate.

Though state law already bans same-sex marriage, supporters of the amendment said the prohibition was needed in the state Constitution to provide added protection for the institution of marriage.

Sen. Phil Journey, R-Haysville, described the amendment as a “legal bulwark against activist judges.”

“Marriage is special. Marriage needs to be protected,” he said.

The measure declares that only couples in a union of one man and one woman would be entitled to benefits normally associated with marriage.

Lawrence’s two senators — both freshmen legislators — split on the proposal.

By a 28-11 vote, the Senate on Thursday voted to adopt a proposed amendment to the Kansas Constitution to ban same-sex marriage and prevent the state from recognizing civil unions or granting other legal recognition to gay relationships.Here’s how senators who represent the Lawrence area voted on the proposal:¢ Marci Francisco, Lawrence Democrat, no.¢ Anthony Hensley, Topeka Democrat, no.¢ Roger Pine, Lawrence Republican, yes.

Sen. Roger Pine, a Republican, voted for the amendment, saying the public should have an opportunity to vote on it.

“My constituents want that opportunity to express themselves.” he said. “I’m interested in getting it out there before the public.”

He said he would vote for it, if it gets on the ballot.

Sen. Marci Francisco, a Democrat, said the amendment was unnecessary because state law already prohibits same-sex marriage.

“I think marriage is a matter for our churches and religious institutions, instead of our state,” she said.

Earlier in the debate, the Senate voted 28-11 against a proposed amendment that would have mirrored current law, but that conservatives said would have kept the door open for the state to allow civil unions. Francisco voted for that measure, and Pine voted against it.

House action

The 17 states with bans on same-sex marriage in their constitutions and the year they were adopted:Alaska (1998)Arkansas (2004)Georgia (2004)Hawaii (1998)Louisiana (2004)Kentucky (2004)Michigan (2004)Mississippi (2004)Missouri (2004)Montana (2004)Nebraska (2000)Nevada (2002)North Dakota (2004)Ohio (2004)Oklahoma (2004)Oregon (2004)Utah (2004)

Now the focus moves to the House where leaders have given conflicting signals whether the chamber will move fast enough to get it on the April 5 ballot.

House Speaker Doug Mays, R-Topeka, has said it must be approved by Feb.10 to have enough time to prepare the measure for the April election.

Rep. John Edmonds, R-Great Bend, who is chairman of the committee that will deal with the issue, has said he wants full public hearings on the measure.

He also said he would prefer the amendment be placed on the November 2006 general election ballot because more people vote in the general election. Democrats suspect Republicans prefer the question on a November ballot because Gov. Kathleen Sebelius, a Democrat, is expected to be on that ballot seeking re-election.

Sebelius has said an amendment isn’t necessary to protect marriage, given existing Kansas law.

Wright predicted a record voter turnout if the proposal is before voters in April, when, he added, it will be approved by a “slam dunk.”