The Kansas Constitution prohibits “interference with the rights of conscience.” And 2013 state law says that if government burdens someone’s “exercise of religion” with an action or regulation, it must impose as few limits as possible and have another, “compelling” interest to protect.
One can go to court to challenge a government action or invoke the law as part of a legal defense.
This year’s proposal, which was similar to one Arizona Gov. Jan Brewer vetoed in February, would have barred fines or lawsuits when individuals, groups and businesses cite religious beliefs in refusing to provide goods, services, accommodations and employment benefits related to a marriage, civil union, domestic partnership or a celebration of such relationships. The measure also would have protected religiously affiliated adoption agencies that refuse to place children with gay couples.
The state House approved it in February, but critics said the measure was written broadly enough to allow individual company employees or government workers to refuse to provide lawful services.
Supporters disputed that, but Senate GOP leaders blocked consideration of the bill amid opposition from business groups, which worried that companies would be unable to discipline employees for violating their business policies.
Senate President Susan Wagle, a Wichita Republican, promised the issue would be debated during the 2015 session, but resistance remains.
Senate Judiciary Committee Chairman Jeff King noted that the 10th Circuit put its ruling on hold – leaving Kansas’ gay marriage ban intact – and argued that lawmakers should wait on writing any new religious freedom law until the U.S. Supreme Court rules on gay marriage.
But Michael Schuttloffel, executive director of the Kansas Catholic Conference, said “the writing is pretty much on the wall,” after the U.S. Supreme Court declared last year that the federal government couldn’t refuse to recognize gay marriages from states where it is legal.
Schuttloffel said he’s concerned about gay rights supporters and court decisions equating opposition to gay marriage with bigotry. Religious freedom means people can live out their faith in public, not just worship in private, he said.
“We think the need for the Legislature to protect people’s religious freedom is more urgent than ever,” Schuttloffel said.
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