Republican leaders in the Kansas state senate are balking at a new bill that would allow religious individuals and groups to openly shun gay and lesbian couples without fear of legal retribution.



Susan Wagle, the Republican president of the Senate, has raised objections to the bill, House Bill 2453, that has already cleared the House of Representatives by a 72-49 majority. In a statement, she said that despite strong support among the 32 Republican state senators for traditional marriage, “I’ve grown concerned about the practical impact of the bill… My members also don’t condone discrimination. If we cannot find ample common ground to ease legitimate concerns, I believe a majority of my caucus will not support the bill.”

HB 2453 is one of the most extreme measures to be proposed in the mainly southern states that are putting up dogged resistance to the spread of same-sex marriage rights across the US. Kansas already bans gay marriage in the state, following a 2005 referendum backed by 70% of those who voted.

But despite the ban, conservative state politicians are pushing ahead with the measure as a way of safeguarding potentially discriminatory behavior against moves by the federal courts to force Kansas to open itself up to gay marriage and civil unions. On Thursday, a federal court struck down Virginia’s same-sex marriage ban and this week a federal judge also invalidated part of Kentucky’s gay marriage ban.

Under the terms of HB 2453, any person or religious entity with sincerely held religious beliefs would be able, without fear of legal consequences, to refuse to “provide any services, accommodations, advantages, facilities, goods, or privileges; provide counseling, adoption, foster care and other social services; or provide employment or employment benefits, related to, or related to the celebration of, any marriage, domestic partnership, civil union or similar arrangement”. They would also be allowed to refuse to solemnize any gay marriage or civil union or treat it as valid.

Opponents of the bill argue it is a blueprint for blatant discrimination, putting married same-sex couples in the role of second-class citizens equivalent to the treatment of African Americans in the days of southern segregation. As Patricia Sloop, Democratic member of the Kansas House, put it: “I strongly support religious freedom, but this bill is not about religious freedom. In my opinion, this is about legalized discrimination.”

The bill would apply to government employees, raising fears that even police officers could refuse to come to the assistance of gay couples, pleading religious differences.

The business coalition, Kansas Chamber, praised Wagle for her intervention, which effectively puts a halt to HB 2453 in its current form. The Topeka-based organization said that many Kansas businesses were worried that the bill would have raised potentially costly legal actions over speech, discrimination and privacy concerns. “The impact on Kansas businesses, particularly those with very few employees, is very troubling,” it said.