Kansas Republican Proposal Would Allow Businesses To Discriminate Against Gays

A Kansas Republican lawmaker has introduced a bill which would allow businesses and individuals to discriminate against gays.

Kansas State Rep. Charles Macheers' proposal is scheduled to be heard Tuesday morning in the House's Federal and State Affairs Committee.

The measure (HB 2453) would allow individuals, businesses and religious groups with “sincerely held religious beliefs” to refuse to provide services, facilities, goods, employment or employment benefits related to the marriage, civil union, domestic partnership or “similar arrangement” of a gay or lesbian couple.

“[N]o refusal by an individual or religious entity to engage in any activity described in section 1 … shall result in … A civil claim or cause of action under state or local law based upon such refusal,” the bill states.

“The bill protects religious individuals and religious entities on both sides of the issue of marriage,” Macheers told the AP in an email. “This is about guaranteeing a high standard of religious freedom in a context that scholars on both sides of the marriage issue agree presents some challenges.”

Republican Governor Sam Brownback said he was open to the legislation in principle but did not endorse it outright.

A constitutional amendment banning gay marriage was overwhelmingly (70%) approved by voters in 2005.

Recent federal rulings striking down similar marriage bans in Utah and Oklahoma could impact Kansas because all three states fall under the jurisdiction of the 10^th Circuit Court of Appeals in Denver, which is reviewing both cases.

Tom Witt, executive director of Equality Kansas, the state's leading LGBT rights advocate, said: “This is one of the most offensive bills I've seen come out of here.”

Republicans in South Dakota have introduced similar legislation.