Kansas LGBT Laws

On 22 November 2016, Shawnee County District Judge Mary Mattivi ruled that William Marotta, who donated sperm so two women could have a baby together, is not legally the child’s father and isn’t required to provide financial support, concluding that birth mother Jennifer Schreiner’s former partner Angela Bauer should be considered the child’s second parent rather than Marotta [R1.6].

On 22 January 2014, Judge Mary Mattivi in the District Court of Shawnee County William Marotta who donated sperm to a lesbian couple is the father of a child born to the women and must pay child support because the parties did not provide the donor sperm to a licensed physician [C1.5], [R1.4].

On 31 December 2012, the Kansas Department of Children and Families was reported to have filed a petition seeking that William Marotta pay child support for the biological daughter that he fathered to a lesbian couple. A hearing in the case has been set for Jan. 8 in Shawnee County District Court [C1.3], [C1.2], [R1.1].

On 22 February 2013, Justice Lee Johnson (for the Court) in the Kansas Supreme Court upheld the right of a same-sex partner in a co-parenting relationship to petition courts on matters of child visitation or joint custody [C1.2], [R1.1].

There are no State laws extending benefits to domestic partners in Kansas.

In September 2001 Sedgwick County Manager William Buchanan introduced a measure offering health benefits to unmarried domestic partners of county employees [R2.2]. However, County commissioners unanimously ended the new policy 4 October 2001 [R2.1].

On 20 May 2014, the Topeka City Council approved an ordinance (5-3) establishing a city domestic partnership registry for same-sex and opposite-sex couples who are not married [R3.2].

In August 2003, Kansas City Council voted 11–1 to establish a domestic-partner registry and to provide sick- and funeral-leave benefits to city employees who are in committed heterosexual or homosexual relationships [R3.1]. The Kansas City clerk’s office will maintain the registry, in which each partner will complete an affidavit, which will be notarized [R3.1].

The question of providing health insurance benefits is to be dealt with as part of the city’s insurance negotiations next spring [R3.1].

On 15 January 2019, Governor Laura Kelly signed Executive Order 19-02, reinstating a ban on anti-LGBT bias in state agencies’ employment decisions that a Republican predecessor had repealed, and she also expanded the policy to cover government contractors [R1.7].

On 22 March 2016, Governor Sam Brownback signed Bill SB175 in to law with effect from 01July. The Bill allows college student groups that receiving funding to restrict membership in accordance with their religious beliefs [R1.6].

On 07 July 2015, Governor Sam Brownback issued an executive order that shields clergy members and religious organizations from being penalized by the state, thereby enabling service providers such as adoption agencies and homeless shelters to discriminate against same-sex couples and still receive state contracts [R1.5].

On 10 February 2015, Gov. Sam Brownback issued an executive order (No. 15-01) cancelling the August 2007 order (No. 07-24) by Democratic Gov. Kathleen Sebelius barring discrimination against gays and lesbians in hiring and employment throughout much of state government [R1.4].

On 18 February 2014, Senate Judiciary Committee Chairman Jeff King declared dead House Bill 2453, that would grant legal protections for people and organizations refusing for religious reasons to provide goods and services to gay and lesbian couples, but hearings on whether Kansas needs to enact religious liberty protections will still be held [R1.3].

On 11 February 2014, the House Committee of the Whole voted 72-42 (on 12 February, the House voted 72-49) to pass HB2453 (Protecting religious freedom regarding marriage) that would give public and private employees the right to refuse service based on their religious beliefs on (same-sex) marriage [R1.2].

On 27 March 2012, the House voted 89–27 to advance the Kansas Religious Freedom Act, which says that the government cannot “substantially burden” an individual’s practice of religion without a compelling interest to do so. Critics argue that any government body with a policy against discrimination based on sexual orientation may become subject to litigation. The Senate must pass the Bill [R1.1].

On 04 August 2014, with the Mayor’s 4-4 tie-breaking vote Roeland Park became the second city in Kansas to ban discrimination based on sexual orientation and gender identity [R2.8].

On 20 May 2014, the Topeka City Council approved an ordinance (5-3) banning the city from discriminating in employment and hiring based on gender identity [R2.7].

On 06 November 2012, Salina voters repealed 54% to 46% an ordinance that prohibited discrimination based on sexual orientation and gender identity and Hutchison voters repealed 58% to 42% an ordinance that covered sexual orientation only [R2.6].

On 15 May 2012, the Hutchinson City Council voted 3–2 to add sexual orientation to the city’s anti-discrimination ordinance, which covers churches, as well as employers, restaurants and other local businesses and prohibits firings or evictions based on sexual orientation [R2.5].

On 14 May 2012, the Salina City Commission approved 3–2 a proposal to make sexual orientation and gender identity classes protected from discrimination [R2.4].

On 27 September 2011, in a 4–1 vote, Lawrence City commissioners agreed to add gender identity to the list of protected classes in the city’s anti-discrimination code, making it unlawful for employers, landlords and most businesses to discriminate against people who are transgender or don’t identify with the gender of their birth [R2.3].

On 09 May 1978, the Wichita City ordinance prohibiting discrimination against homosexuals was repealed in a 29,402 to 6153 vote [R2.2].

In 1977, the Wichita City Commissioners enacted an ordinance making it unlawful to discriminate on the ground of sexual preference in the provision of housing and employment [R2.1].

On 29 December 2016, Shawnee County commissioners agreed (3-0) to pay a $48,000 settlement to two women who claimed they were wrongfully terminated from their jobs in the prosecutor’s office because of racial and gender discrimination. The ”Krystal L Boxum-Debolt and Lisa Anne Moore v. Chadwick J Taylor, et al.” case against the District Attorney will proceed in January 2017 [C3.2], [R3.1].

On 22 February 2013, the Kansas Supreme Court ruled that same-sex couples may have their property divided under the same principles as heterosexual cohabitating couples [C1.5], [R1.4].

On 07 October 2002, the US Supreme Court upheld [R1.3] a unanimous 15 March 2002 ruling from the Kansas Supreme Court that a male to female transsexual is a man under Kansas law and therefore not entitled to share in the estate of her late husband [C1.2], [R1.1].

On 27 September 2011, in a 4–1 vote, Lawrence City commissioners agreed to add gender identity to the list of protected classes in the city’s anti-discrimination code, making it unlawful for employers, landlords and most businesses to discriminate against people who are transgender or don’t identify with the gender of their birth [R1.1].

On 09 July 2018, the Court of Appeals for the Tenth Circuit upheld a lower court ruling in favor of prison officials in a dispute with Michelle Renee Lamb, finding prison officials aren’t deliberately indifferent to a transgender inmate who says her medical treatment is so poor it violates her constitutional rights [C2.2], [R2.1].

In 2002, hate crimes based on sexual orientation became considered an aggravating circumstance [R1.1].

In September 2002, Topeka City Council approved a hate crimes ordinance that provides harsher penalities for crimes such as assault and destruction of property if the crimes were committed out of hatred for or intimidation of people based on their race, religion, gender or other reasons [R2.2].

In July 2002, the Kansas City hate-crimes ordinance covered crimes motivated by “antipathy, animosity, or hostility based upon the race, color, gender, religion, national origin, age, sexual orientation, ancestry, disability, or handicap of another individual or group.” [R2.1].

It applies to several misdemeanors, including assault, battery, criminal damage to property, harassment by telephone, and unlawful use of weapons [R2.1].

First-time offenders could be sentenced to up to one year in jail and a fine of $500 to $2,500. Second-time offenders will face a minimum of five days in jail and another $500 to $2,500 fine [R2.1].

Olathe has a similar ordinance [R2.1].

The criminal law in Kansas prohibits consensual sex between same-sex couples.

See: 2. Courts & Tribunals [C2.2], [R2.1]

On 21 October 2005, the Kansas Supreme Court unanimously ruled that the starkly different penalties violated the federal Constitution’s equal protection clause. It said the state’s “Romeo and Juliet” statute, which limits the punishment that can be imposed on older teenagers who have sex with younger ones, but only if they are of the opposite sex, must also apply to teenagers who engage in homosexual sex [C2.5], [R2.4].

In December 2004, Court of Appeals Judge G. Joseph Pierron questioned whether the state can punish illegal sex more harshly when it involves two people of the same sex, calling some of the state’s justifications “utterly ridiculous” [R2.3].

On 26 June 2003, the US Supreme Court in Lawrence & Garner -v- Texas ruled that a similar the law in Texas was an unconstitutional violation of privacy is thought to nullify or invalidate the Kansas law [C2.2], [R2.1].

Kansas state law does not permit the marriage of same-sex partners.

In June 2002, Bishop William Smalley of Kansas informed clergy that he would begin authorizing the limited blessing of non-married persons [R1.1].

This policy would extend to heterosexual couples for whom marriage would create a financial hardship, and homosexual couples. Smalley was emphatic in stating this blessing is not to be a substitute for Holy Matrimony and may not resemble it liturgically [R1.1].

On 22 July 2016, US District Judge Daniel Crabtree issued a permanent order barring the state from treating same-sex couples differently than opposite-sex couples in allowing them to marry or extending the benefits of marriage to them. The Court retained jurisdiction over the enforcement of the permanent injunction and issues related to it for three years [C2.25], [R2.24].

On 10 August 2015, US District Court Judge Daniel Crabtree summarily ruled that the provision in the Kansas constitution that prohibits issuing marriage licenses same-sex couples or recognizing such marriages violates the Fourteenth Amendment to the US. Constitution. That ruling also applies to any Kansas statute, law, policy or practice that bars or fails to recognize such unions [C2.23], [R2.22].

On 31 December 2014, US District Judge Daniel Crabtree in Kail Marie, et al. v. Robert D Moser, et al., the lead Kansas same-sex marriage case, ordered stipulations of fact (by 09 January), responses (by 20 January) and instructing the parties to file a joint report submitting to the Court a proposed scheduling order by 30 January 2015 [C2.21], [R2.20].

On 02 December 2014, the US Court of Appeals for the Tenth Circuit denied the motion for a re-hearing by the full court of the State Supreme Court judgment ruling the same-sex marriage ban unconstitutional [C2.19], [R2.18].

On 18 November 2014, the Kansas Supreme Court lifted the stay on the 08 November Adminstrative Order 14-11 of Tenth Judicial District Judge Kevin P Moriarty allowing marriages in Johnson County, though putting the case on hold pending outcome of the federal US District Court case of Marie v. Moser [C2.17], [R2.16].

On 17 October 2014, following the US Supreme Court denial of the request of the State Kansas for a stay in the Kail Marie, et al., v. Robert Moser same-sex marriage case, Chief Judge A.J. Wachter was reported to have ordered 11th Judicial District of Cherokee, Crawford and Labette counties to issue marriage licenses to gay couples [R2.15].

On 12 November 2014, the US Supreme Court denied the request of the State Kansas for a stay in the Kail Marie, et al., v. Robert Moser same-sex marriage case. Justice Sotomayor referred the request to the whole Court. Justices Scalia and Thomas noted that they would grant the stay request [C2.14], [R2.13].

On 10 November 2014, US Supreme Court Associate Justice Sonia Sotomayer ordered that the 04 November 2014 preliminary injunction entered in the District Court be stayed until further order [C2.12].

On 04 November 2014, US District Judge Daniel D Crabtree found the State’s same-sex marriage ban violates the Fourteenth Amendment to the Constitution and issued a preliminary injunction barring Kansas officials from enforcing the ban, temporarily staying the order until 11 November pending a State appeal to the 10th Circuit Court of Appeals [C2.11], [R2.10].

On 28 October 2014, US District Judge Daniel Crabtree scheduled the hearing on a preliminary injunction motion that the American Civil Liberties Union of Kansas wants to allow same-sex marriages to proceed in the state while a legal dispute regarding marriage proceeds in state court [R2.9].

On 10 October 2014, the Kansas Supreme Court blocked the issuance of marriage licenses to same-sex couples pending a hearing set for 06 November to consider if the state’s ban is constitutional. One same-sex couple were married prior the state Supreme Court order [R2.8].

On 10 October 2014, the ACLU filed a marriage equality complaint on behalf of Kail Marie and Michelle L. Brown and Kerry Wilks and Donna DiTrani. U.S. District Judge Daniel Crabtree has set down a hearing for 31 October, rescheduled from 24 October [C2.7], [ R2.6].

On 08 October 2014, Tenth Judicial District Court of Johnson County Chief Judge Kevin P Moriarty issued an amended administrative order that the county begin issuing marriage licenses to same-sex couples, in light of the US Supreme Court denying a review of the 10th Circuit Court of Appeals ruling in Kitchen v. Herbert [D2.5], [R2.4].

On 16 June 2014, it was reported that Douglas County is currently the only county in Kansas that has issued divorces for same-sex couples whilst at least two other counties, Shawnee and Johnson, will grant an annulment to end the marriages. Other counties find the marriage is invalid and dismiss the divorce petitions [R2.3].

On 07 October 2002, the US Supreme Court upheld [R2.2] a unanimous 15 March 2002 ruling from the Kansas Supreme Court that a marriage between a man and a male to female transsexual woman is not valid in Kansas [R2.1].

On 18 May 2018, Governor Jeff Collier signed legislation (SB 284) giving legal protection to religious adoption agencies that refer to their religious beliefs for not placing children in gay homes [R1.6].

On 04 May 2018, a patently discriminatory bill, SB 284 (known until now as HB 2481), which would create a license to discriminate with taxpayer funds against LGBTQ foster or adoptive parents, single parents, or other qualified families. The bill passed out of a conference committee on 04 May 2018, was approved by both chambers (Senate 24-15, House 63-58) and is now headed to the Governor Jeff Colyer’s desk [R1.5].

On 29 March 2018, the Kansas House reportedly rejected 64-58 bill HB 2481 that would have allowed adoption and foster care organizations to refuse placements to gay and lesbian couples based on sincerely held religious beliefs. The Senate approved 28-12 companion bill SB401. The bill now goes to a conference committee, where lawmakers from the House and the Senate will negotiate a final bill [R1.4].

On 12 October 2015, Towelroad reported that the State of Kansas announced that it will not wait for a court order to begin processing birth certificate requests for children conceived by same-sex couples using artificial insemination. This followed a federal lawsuit filing that challenges whether Kansas is complying with the Obergefell v. Hodges US Supreme Court decision on same-sex marriages [L1.3], R1.2].

On 08 October 2015, Kansas Department of Health and Environment spokeswoman Sara Belfry was reported to have told The Lawrence Journal-World that the department decided to issue birth certificates to two same-sex couples (Casey and Jessica Smith and Christa Gonser and Carrie Hunt) after reviewing applicable law and existing court orders and will continue to review similar applications on a case-by-case basis [R1.1].

On 22 November 2016, Shawnee County District Judge Mary Mattivi ruled that William Marotta, who donated sperm so two women could have a baby together, is not legally the child’s father and isn’t required to provide financial support, concluding that birth mother Jennifer Schreiner’s former partner Angela Bauer should be considered the child’s second parent rather than Marotta [R2.8].

On 22 January 2014, Judge Mary Mattivi in the District Court of Shawnee County William Marotta who donated sperm to a lesbian couple is the father of a child born to the women and must pay child support because the parties did not provide the donor sperm to a licensed physician [C2.7], [R2.6].

On 22 February 2013, the Kansas Supreme Court ruled that parental rights expressly given in a co-parenting agreement are, if in the best interests of the child, enforceable and same-sex couples may have their property divided under the same principles as heterosexual cohabitating couples [C2.5], [R2.4].

On 31 December 2012, the Kansas Department of Children and Families was reported to have filed a petition seeking that William Marotta pay child support for the biological daughter that he fathered to a lesbian couple. A hearing in the case has been set for Jan. 8 in Shawnee County District Court [C2.3], [C2.2], [R2.1].

On 04 October 2013, the Kansas Department of Revenue issued guidance, Notice13-18, instructing same-sex couples to continue filing state income tax returns next year as they always have in the state, using the single filing status [D1.2], [R1.1].

On 31 December 2013, same-sex married couples Roberta and Julia Woodrick of Lawrence, and Michael Nelson and Charles Dedmon of Alma were reported to have filed a lawsuit against the Department of Revenue seeking an order that they file tax returns as “married” couples and not as single persons [R2.1].

In December 2005, a small-town teenager Dylan J Theno who was bullied for years by classmates in Kansas because they believed he was gay was awarded $440,000 in a harassment suit [C1.2], [R1.1].