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Sexual Orientation Equality Legislation- 2009 Session

    A woman’s right to choose was under attack in the Kansas Legislature during the 2009 session.  The following bills were introduced attempting to limit access to a woman’s reproductive health options.  Kansas NOW opposes this legislation and continues to fight to keep these options open.  Kansas NOW employes everything at its disposal to combat this type of legislation from grass roots action to KS NOW’s full time lobbyist Kari Ann Rinker.  Ultimately NOW’s ability to affect legislation is dependent upon its members.  Tell your legislators that you oppose limiting access to reproductive health options.  If your legislator does not listen, vote for someone who will. 

Senate Bill 169
Full Text
Sponsor 

Senate Bill 169 was sponsored by the Senate Federal and State Affairs Committee.

Effect of the Bill

According to the Legislative Research Department SB 169 would amend the Kansas Act Against Discrimination to add provisions prohibiting discrimination on the basis of “sexual orientation” or “gender identity” with regard to employment, housing, and public accommodations.
Current law prohibits the discrimination based upon reasons of race, religion, color, sex, disability, national origin, or ancestry.

In the bill, “sexual orientation” means male or female heterosexuality, homosexuality, or bisexuality by inclination, practice, or expression. “Gender identity” means having or expressing a self-image or identity not traditionally associated with one’s gender.
The bill would allow employers to adhere to a reasonable dress or grooming standard at work subject to the provisions of federal, state, or local laws.


Legislative Action

February 2, 2009: The Bill was introduced as: SB 169, An act concerning the Kansas act against discrimination; relating to sexual orientation; gender identity; amending K.S.A. 44-1001, 44-1002, 44-1004, 44-1006, 44-1009, 44-1015, 44-1016, 44-1017, 44-1027 and 44-1030 and K.S.A. 2008 Supp. 44-1005 and repealing the existing sections, by Committee on Federal and State Affairs.  February 2, 2009 - JOURNAL OF THE SENATE.

February 3, 2009:  SB 169 was assigned to the Senate Federal and State Affairs Committee.  February 3, 2009 - JOURNAL OF THE SENATE.

March 19, 2009:  Senate Federal and State Affairs Committee recommends that SB 169 be passed.  March 19, 2009 - Journal of the Senate

February 12, 2009: A hearing was conducted by the Senate Federal and State Affairs Committee.
SB 169 - Kansas Act Against Discrimination, inclusion of sexual orientation and gender identity.

Chairman Brungardt opened the hearing on SB 169.

Maggie Childs, Chair, Kansas Equality Coalition, appeared as a proponent of the bill. (Attachment 2) The Kansas Acts Against discrimination was established in 1953, and has been amended at least nine times since then; the law currently protects Kansans from discrimination in housing, employment, and public accommodations based on race, religion, color, sex, disability, familial status, national origin, or ancestry. This bill does not include any amendments to the current affirmative action statutes. There are no quotas, no mandate requiring benefits that must be offered, and private/fraternal/religious organizations are exempt.

Currently there are 26 states, plus Washington D.C., that have some level of protection against discrimination based on sexual orientation; more than 200 towns, cities and counties that ban sexual orientation discrimination, and a Presidential Executive Order banning discrimination in Federal employment. In September 2007, Governor Sebelius issued an executive order protecting state employees in Kansas from discrimination on the basis of sexual orientation. Also provided:

Policy Brief: “The Extent of Sexual Orientation discrimination in Topeka, KS” by Roddrick Colvin- National Gay and Lesbian Task Force Policy Institute
Statewide Employment Laws & Policies - Human Rights Campaign
3) Employer Information - Human Right’s Campaign
Cora Holt, Manhattan, spoke in favor of the bill. (Attachment 3) Ms. Holt stated that in 2006 an attempt to have “sexual orientation and gender presentation” included in the list of protected groups in the Manhattan city ordinances, she provided a short “speech” and stated that by speaking out she could loose her job at a Manhattan area college. The next morning she received a phone call from the college’s Academic Dean that she was on Academic Leave effective immediately, and was not to step foot on campus. Her teaching ability was never once called into question. Ms Holt felt it was not safe to speak out, because by speaking out many may lose what little safety they have. The situation, to her, seems untenable.

Thomas Witt, Kansas Equality Coalition, appeared as a proponent of the bill; and spoke to the cost of the bill. He believes that the number of complaints, as a percentage of current rates, will be small enough to address without any significant additional costs to the State of Kansas, and urged the committee to pass SB 169. (Attachment 4) Also provided were:

A report from the United States General Accounting Office, Washington D.C., subject: Sexual-Orientations-Based Employment Discrimination: States’ Experience With Statutory Prohibitions Since 1997
An article: By William B. Rubenstein, Do Gay Right Laws Matter?: An Empirical Assessment

Pedro Irigonegaray, Counsel, Kansas Equality Coalition, spoke in favor of the bill. (Attachment 5) Mr. Irigonegarary stated he has been contacted by Kansas’ homosexual citizens (gay men and lesbian women as well as transgendered persons) for his professional help for sufferings inflicted for no other reason than their sexual orientation, or gender identity issues. Mr Irigonegarary urged the committee to insure that all Kansas
citizens are made to feel safe, equal, and respected.

James Wood, Prairie Village (Attachment 6) and Jason Chalka, Topeka,(Attachment 7) submitted written testimony in support of the bill.
Judy smith, Concerned Women of America of Kansas, (CWA) spoke in opposition of the bill. (Attachment 8) CWA is opposed to adding sexual orientation and gender identity to discrimination statutes; discrimination and civil rights laws have traditionally been based upon immutable characteristics such as gender, age, ethnicity, race, handicaps ...all things that are clearly visible and unchangeable. This bill places sexual orientation and self-perceived gender identity not as a protected class, but as a privileged group. Sexual orientation and other manifestations of gender identity do not fit into what constitutes a true minority and should not be added to laws dealing with discrimination.
Representative Jan Pauls appeared as an opponent to the bill. (Attachment 9) The bill amends the entire Kansas Act Against Discrimination. The Kansas Act protects against discrimination by reason of race, religion, color, sex, disability, national origin or ancestry. This bill adds two new categories to the classes protected: sexual orientation or gender identity. Page 4 lines 9-15 states “sexual orientation” means “male or female heterosexuality, homosexuality or bisexuality by indication, practice, or expression.” The change in the law would have far reaching ramifications. Kansas Human Rights Commission, provided written testimony as informational and the fiscal impact if the bill is enacted. (Attachment 10).  Click for Committee Minutes Senate Federal and State Affairs, February 12, 2009

Chairman Brungardt closed the hearing on SB 169.
 

No further action was taken during the 2009 session.http://www.kslegislature.org/legsrv-journals/filenameSearch.do?filename=/2009/sj0202.pdfhttp://www.kslegislature.org/legsrv-journals/filenameSearch.do?filename=/2009/sj0202.pdfhttp://www.kslegislature.org/legsrv-journals/filenameSearch.do?filename=/2009/sj0203.pdfhttp://www.kslegislature.org/legsrv-journals/filenameSearch.do?filename=/2009/sj0319.pdfhttp://www.kslegislature.org/committeeminutes/09-10/senate/sfedst/sFS20090212.pdfhttp://www.kslegislature.org/committeeminutes/09-10/senate/sfedst/sFS20090212.pdfshapeimage_13_link_0shapeimage_13_link_1shapeimage_13_link_2shapeimage_13_link_3shapeimage_13_link_4shapeimage_13_link_5
Supplemental Note