Kansas House committee sends campus religious freedom bill to floor

A bill that would enable college religious groups to exclude members who do not adhere to the group’s beliefs will head to the House floor for a vote.

SB 175 cleared the House Federal and State Affairs Committee by a 12-10 vote Thursday after an intense discussion about whether the bill allows campus groups to discriminate based on race, gender and sexual orientation. It has already been passed by the Senate.

Rep. Steve Brunk, R-Wichita, the committee’s chair, repeatedly asserted that the purpose of the bill is to protect the First Amendment rights of freedom of religion and assembly on university campuses.

The bill, which is similar to a law adopted by Oklahoma last year, prohibits public universities and community colleges from taking punitive action against religious groups that refuse to accept an “all comers” policy.

The legislation is a reaction to incidents in other states, including the California State University system derecognizing 14 Christian groups that would not adhere to its non-discrimination policies.

After the hearing, Brunk responded to questions about whether the bill would allow discrimination against the LGBT community on campuses.

“You’re trying to limit this to just a gay, homosexual issue, but that’s not the case,” Brunk said.

Strict Judeo-Christian teachings forbid any sex outside of marriage, he said. He acknowledged that much of the conversation nationally about religious freedom has been prompted by court cases legalizing same-sex marriage, but said the bill was meant to protect religious freedom broadly.

“In the context of this bill, it means that people of faith on campuses who form their own churches … have this constitutional right to define what the particular tenets of their faith are,” Brunk said.

Rep. Stephanie Clayton, R-Overland Park, warned that the state could face a backlash that would have a negative economic impact. She made a motion – which failed – to table the legislation until lawmakers return for their wrap-up session at the end of month, so that they would have more time to confer with constituents on the issue.

Lawmakers have been inundated with e-mails about the legislation. Rep. Jan Pauls, R-Hutchinson, complained about the tone of e-mails, which have called her a bigot.

Pauls said that people feel free to attack Christian believers, and she pushed back against the notion that the bill would discriminate against gays and lesbians because sexual orientation is not covered under the state’s anti-discrimination statute.

“I think the state has made its decision of what classes they particularly want to protect and being a protected class gives you additional legal rights,” Pauls said. “It’s not a question of who’s treated well or who’s not treated well. It gives you additional legal rights, and that’s what I’m referring to.”

Pauls said that sexual orientation differs from race. She said sexual orientation is a choice and that race is immediately visible while a person’s sexuality is not.

The Rev. Jackie Carter, a Wichita pastor and LGBT rights activist, called the advancement of the bill “a devastating blow for anybody who’s marginalized in this state.”

“Just because the LGBT population is not a protected class in Kansas, that makes it worse. It doesn’t make it better. … ,” she said responding to Pauls’ arguments. “I’m appalled that our legislators would take this state to be divisive and exclusionary.”

Rep. Kirstey Williams, R-Augusta, repeatedly asked for clarification of whether the bill would allow for discrimination based on race and gender, both of which are protected under the state’s anti-discrimination law. She said she had initially been supportive of the bill, but became concerned about unintended consequences.

Jason Long, who provides legal analysis to the committee, said the state’s anti-discrimination law applies to employers and housing, but exempts religious groups. He added that the U.S. Supreme Court has previously ruled that universities can place some regulations on campus religious groups operating in a shared spaced.

Michael Schuttloffel, executive director of the Kansas Catholic Conference, called the argument that the bill would enable racial discrimination “a scurrilous, outrageous claim.” He also strongly pushed back against the claim that the bill was intended to allow discrimination against the LGBT community.

“That’s not what we wake up in the morning and worry about first thing,” Schuttloffel said. “The concern here is university administrations don’t like religious groups – specifically it seems more orthodox Christian groups – they’re the ones being targeted.”

Brunk said the legislation would not go to the House floor until April 30 at the earliest. Lawmakers will leave Topeka at the end of this week for a weekslong break.

Wichita State University’s Student Government Association passed a resolution this week opposing the bill on the grounds that “higher education institutions will be complicit in supporting discriminatory membership practices of religious student organizations.”

The University of Kansas’ Student Senate has also voiced opposition.

This story was originally published April 2, 2015 at 11:26 AM with the headline "Kansas House committee sends campus religious freedom bill to floor."