Kansas Chamber of Commerce: Brownback’s same-sex marriage order is enough

Kansas policymakers should not pursue additional religious freedom protections linked to same-sex marriages, the Kansas Chamber of Commerce warned Wednesday.

The statement came a day after Gov. Sam Brownback issued an executive order intended to shield religious organizations that deny services to same-sex couples based on religious beliefs.

The chamber called the governor’s order “an adequate response to the recent Supreme Court decision on same sex marriage such that further legislative action is unnecessary.”

The U.S. Supreme Court ruled last month that same-sex couples have a constitutional right to marriage. Some pastors and lawmakers have said greater protections may be needed in Kansas, but no firm plan has emerged.

The chamber played a key role in killing a 2014 bill that would have enabled public and private employees to refuse to serve same-sex couples if it conflicted with their religious beliefs about marriage.

Supporters said that bill was limited in scope and offered needed protections for religious Kansans. Opponents said it would have a far-reaching impact and would allow for widespread discrimination against gay and lesbian Kansans.

The bill sparked national backlash and the chamber called on the Legislature to scuttle it on behalf of the Kansas business community. One area of concern was that it could have empowered employees to refuse to serve gay customers and left their employers with no recourse.

The chamber statement Wednesday said that past legislative proposals “in this area have been overbroad and have unnecessarily, if unintentionally, affected private sector businesses.”

The full impact of Brownback’s executive order is unknown. But lawyers said it probably would protect religious organizations that contract with the state to provide adoption services from being compelled to place children with gay couples.

The chamber said the governor’s order is “clearly limited to state government action involving clergy, religious leaders and religious organizations with regard to sincerely held religious beliefs. This, in our view, is sufficient and we recommend against any further proposals to expand the scope of this directive or existing state religious freedom law through legislation placing untenable burdens on private sector businesses.”

Brownback’s order has sparked both support and criticism.

Terry Fox , a Wichita pastor and outspoken opponent of same-sex marriage, lauded the order but said more action would be needed to protect Christian business owners.

Kerry Wilks, one of the plaintiffs in the case that struck down the state’s same-sex marriage ban, accused the governor of being vindictive.

Rep. John Carmichael, D-Wichita, an attorney who analyzed the order, said it clearly allows religious-affiliated adoption services “to discriminate against same-sex couples in adoptions and foster care services.”

“What I don’t know is what additional collateral consequences there may be from this order,” he said. “It may as well extend to homeless shelters that are religious in nature that receive some type of funding. I can imagine a number of other scenarios where this order could sanction discrimination of same-sex couples.”

This story was originally published July 8, 2015 at 7:04 PM with the headline "Kansas Chamber of Commerce: Brownback’s same-sex marriage order is enough."