“We have a duty to govern and to govern in accordance with the Constitution as it has been determined by the Supreme Court decision. We also recognize that religious liberty is at the heart of who we are as Kansans and Americans, and should be protected.”For background, read Kansas GOP Governor Rescinds 'Gay Rights' of Democrat Governor and also read Gov. Brownback Promotes Marriage to Reduce Poverty as well as Atheists Condemn Kansas Governor for Acting Christian
-- Gov. Sam Brownback
From "Kansas Governor Issues Order To Protect Gay Marriage Foes" by Associated Press; Nick Viviani WIBW-TV13 (TOPEKA, KS) 7/7/15
Shortly after the executive order was signed, the ACLU released a statement calling the Governor's unnecessary.
The state and U.S. constitutions protect religious liberties, and Kansas enacted a law in 2013 saying that state and local agencies can't substantially limit someone's exercise of religion without a compelling reason.
But the order says state agencies can't alter contracts with individuals or religious groups, change their tax status or deny them licenses or tax breaks based on their refusal to perform same-sex marriages or provide services for such marriages.
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From "Kansas Gov. Sam Brownback says gay marriage order narrow" by Associated Press 7/10/15
The executive director of the leading gay rights group in Kansas is calling Republican Governor Sam Brownback's recent executive order on same-sex marriage an "unconstitutional power grab."
Tom Witt of Equality Kansas issued a lengthy statement Thursday criticizing the order Brownback issued to protect clergy, churches and religious groups from state sanctions for refusing to participate in same-sex weddings or provide goods, services or accommodations for them.
The order covers religious groups with state contracts to provide social services. Its definition of state government includes "political subdivisions."
Witt said that language applies the order to cities, counties, school districts and other local governments. Witt said Brownback declared himself their "supreme ruler" and is allowing them to refuse to recognize legal same-sex marriages.
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From "Kansas governor: state can’t punish religious groups over same-sex marriage objections" by Sandhya Somashekhar, Washington Post 7/7/15
Gay rights groups immediately condemned the executive order. In a statement, Sarah Warbelow, legal director for the Human Rights Campaign, said the order both feeds false rumors that clergy will ultimately be forced to officiate same-sex marriages, and invites hospitals and other religiously affiliated organizations to refuse to recognize gay couples’ marriages.
In announcing the order, Brownback said the order was necessary to defend the rights of religious Kansans in the wake of the Supreme Court decision. “Today’s executive order protects Kansas clergy and religious organizations from being forced to participate in activities that violate their sincerely and deeply held beliefs,” he said in a statement.
The order bars the state from acting against any individual clergy or religious leader who declines to participate in a same-sex ceremony, or any religious group that declines to provide services for or recognize a same-sex marriage if it conflicts with their faith or moral conviction. An example of a prohibited action would be to revoke the tax-exempt status of a religious organization.
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From "Gov. Sam Brownback issues executive order on religious liberty after same-sex marriage ruling" by Bryan Lowry, The Wichita Eagle (Topeka bureau) 7/7/15
Gov. Sam Brownback issued an executive order Tuesday prohibiting state government from taking action against clergy members or religious organizations that deny services to couples based on religious beliefs.
Among other things, the order is intended to protect religious organizations that provide adoption services for the state from having to place children with gay couples if that conflicts with their beliefs.
The order explicitly protects religious organizations that provide “social services or charitable services,” meaning that it extends beyond the wedding ceremony.
The order means “a homeless shelter that received a state contract or grant could refuse family housing to a gay couple with a child, or a foster care agency could refuse to place a child in their custody with the child’s family member just because the family member was in a same-sex relationship – and the state could not require them to treat all families equally,” said Micah Kubic, executive director of the Kansas chapter of the ACLU.
Attorneys said it was difficult to know the full impact of the governor’s order just yet.
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From "Gov. Sam Brownback: Religious liberty under attack in America" by Jonathan Shorman, Topeka Capital Journal 7/9/15
Last week, the Republican governor said he is considering to propose new religious liberty legislation. This week, Brownback offered few specifics on what a potential bill should do, but said he wants issues of religious liberty “fleshed out” and called on lawmakers to hold hearings next year.
“You’ve got this fundamental value, this fundamental right that the Founding Fathers came in search of on religious liberty,” Brownback said. “And during the years when I was in the Congress, in the Senate, this was one of the things I fought for a lot for people overseas, was religious liberty, religious freedom.
“Because it’s one of the basic hallmarks of a society that allows you to develop societally. And now you’re looking at this very fundamental right being attacked in the United States. It was an odd circumstance for me to start fighting for it at home when I’ve been primarily fighting for it overseas.”
Brownback’s suggestion that lawmakers should take up the issue of religious liberty next year has drawn opposition from the Kansas Chamber of Commerce. The organization called further legislation “unnecessary.”
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