Kansas Democrats Condemn Narrowing Of LGBT Policy
TOPEKA, Kan. (AP) – A decision by Republican Gov. Sam Brownback to narrow an anti-discrimination policy for Kansas government workers has prompted a Democratic lawmaker to introduce a bill aimed at protecting gays and lesbians.
Democratic state Rep. John Carmichael of Wichita on Tuesday asked the Kansas House Judiciary Committee to sponsor a measure to bar discrimination in housing and employment based on sexual orientation and gender identity. The committee agreed to do so.
Carmichael’s bill would expand the state’s existing anti-discrimination act, which does not specifically cover gays, lesbians and transgendered residents.
He said he acted in response to Brownback’s decision to rescind a previous Democratic governor’s executive order barring such discrimination in state government hiring and employment.
House Minority Leader and Kansas City Democrat Tom Burroughs also condemned Brownback’s action.
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Arkansas House Panel Supports Religious Conscience Bill
LITTLE ROCK, Ark. (AP) – The Arkansas House will consider a proposal that would protect a business owner’s decision to refuse service to a gay person or anyone who conflicts with his or her religious beliefs.
The House Judiciary Committee on Tuesday approved a bill that bars the state or local governments from placing a “substantial burden” on a person’s right to exercise his or her religion. It would strengthen the case of a person suing the government if that person could prove their religious beliefs were infringed upon.
“What matters to me is there is the ability for a person to protect what they truly believe,” said Republican Rep. Bob Ballinger of Hindsville, the bill’s sponsor.
Ballinger said the measure would protect a Muslim butcher who doesn’t want to work with pork or a Christian who doesn’t want to perform a same-sex wedding.
The legislation is patterned after the federal Religious Freedom Restoration Act of 1993. According to the National Conference of State Legislatures, 19 states have similar laws and 10 states are currently considering them.
The bill was also inspired by a short-lived rule in Fayetteville that extended housing, job and public accommodation protections against discrimination of gays. Fayetteville voters in December repealed the ordinance approved in August. Eureka Springs, which is represented by Ballinger, approved a similar ordinance on Monday.
Ballinger says he has coordinated his efforts with Republican Sen. Bart Hester of Cave Springs, who filed a bill that would bar local municipalities from approving their own anti-discrimination laws. State law doesn’t currently prohibit discrimination based on sexual orientation.
Two Presbyterian preachers testified to the committee that Ballinger’s religious conscience bill could encourage discrimination against people based on their sexual orientation or gender identity.
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No Ruling From Supreme Court On Whether Same-Sex Divorces OK
JEFFERSON CITY, Mo. (AP) – A St. Louis County Circuit Court judge should not have dismissed a request to divorce a same-sex couple, the Missouri Supreme Court ruled Tuesday, but didn’t decide on the broader issue of whether judges can grant divorces to gay couples.
The ruling kicks the issue back to the St. Louis judge to at least consider the request from the man, who was married in Iowa. But it’s still unclear whether gay marriages can be dissolved while separate rulings that overturned Missouri’s constitutional ban on same-sex marriage are being appealed.
At issue is the December 2012 marriage and August 2013 separation of a man identified in court documents as M.S., and his partner, identified as D.S. “Ultimately,” Drey Cooley, M.S.’ attorney, said Tuesday. “The case is just about two people seeking a divorce.”
A judge had denied M.S.’s petition for a divorce last January saying he lacked jurisdiction because of bans on same-sex marriages in state statutes and the Missouri Constitution. It was appealed to the state high court; because the state was not a party in the divorce case, there was no attorney to defend the constitutional provision.
Calls to the Missouri Family Network and the Missouri Family Policy Council, which oppose gay marriage, were not immediately returned Tuesday.
But Supreme Court judges said in an opinion issued Tuesday that Missouri judges do have jurisdiction and, if nothing else, could deny requests for same-sex divorce.
Tuesday’s unanimous opinion could result in another court battle over whether same-sex couples living in Missouri can be divorced in a state that prohibits such marriages, although that ban has been thrown into question.
An October decision by a Jackson County Circuit Court judge said Missouri must recognize same-sex marriages performed in other states, and Attorney General Chris Koster did not appeal. A month later, a state judge in a St. Louis and a federal judge in Kansas City both overturned the state’s ban, but appeals are pending before the state Supreme Court and the 8th Circuit U.S. Court of Appeals.
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Appeals Court Puts Hold On Montana Appeal Over Gay Marriage
HELENA, Mont. (AP) – The 9th U.S. Circuit Court of Appeals has granted the attorney general’s request to put a hold on his appeal of a court ruling that Montana’s ban on same-sex is unconstitutional.
Attorney General Tim Fox sought the delay last week because the Supreme Court plans to take up the issue. The Independent Record reports the appeals court granted the delay on Monday.
Montana voters approved a constitutional amendment in 2004 that banned gay marriage. In May, four same-sex couples sued to challenge the ban. U.S. District Judge Brian Morris tossed out the ban in November.
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Attorney Asks SD Judge To Allow Gay Marriages Immediately
SIOUX FALLS, S.D. (AP) – A lawyer representing six South Dakota couples challenging the state’s ban on same-sex marriage has asked a judge to let her ruling take effect immediately and allow weddings in the state.
U.S. District Judge Karen Schreier declared the ban unconstitutional last month but also put legal same-sex marriages on hold.
The 8th U.S. Circuit Court of Appeals later granted a request to consider an appeal from South Dakota and two other states at an expedited pace.
Minneapolis attorney Josh Newville says the couples should not have to wait and filed a motion Tuesday asking Schreier to set aside the delay of her decision.
He argues it doesn’t take into consideration other cases in which the Supreme Court allowed states to issue marriage licenses to same-sex couples while those cases were appealed.
House Votes To Void Transgender Students In Sports Policy
PIERRE, S.D. (AP) – The full state House has approved a proposal that would void a High School Activities Association policy on transgender student participation in sports.
The House voted 51 to 16 on Tuesday to pass the measure.
The policy, which was adopted in June, requires the association to review requests by transgender students or their guardians to decide on which team the student can participate.
Republican Rep. Jim Bolin of Canton is sponsoring the measure to void that policy. Bolin’s plan would require students to play on the same team as the gender identified on their birth certificates.
He says the association made a “significant error” when it adopted the policy.
Republican Rep. Steve Hickey voted against the measure Tuesday. Hickey said that society takes sports too seriously and that he found himself feeling empathetic.
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