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(Topeka, Kansas) Kansas voters Tuesday
accepted a proposed constitutional amendment banning same-sex marriage. The
measure passed by a better than 2 - 1 margin.
The vote was the first since 11 states adopted
similar amendments in last November's general election.
The amendment defines marriage as between one man
and one woman. It also declares that only such unions are entitled to the
"rights and incidents" of marriage. That clause in the amendment
effectively prevents the state from allowing civil unions or offering benefits
to same-se couples.
Kansas law already defined marriage as the union
of one man and one woman but supporters of the amendment argued it could be
overturned in court.
"Putting the rights of a minority up for a
popular vote is immoral," Matt Foreman, Executive Director National
Gay and Lesbian Task Force told 365Gay.com.
Gays and lesbians and other critics say the
amendment will go far beyond protecting the traditional definition of marriage.
They argue it will affect powers of attorney, co-adoption legal agreements and
prevent companies providing health benefits to employees' unmarried partners.
"The harm done to thousands of Kansas
families is incalculable," said Human Rights Campaign President Joe
Solmonese. "As voters come to understand the real
consequences of this amendment, we hope they understand how wrong this
amendment is."
Voting was steady throughout the state. The
turnout was lower than for a general election but considerably higher than
expected for an election that mostly chooses city councils and local school
boards.
In Topeka, voter Wesley Ryder emerging from a
polling station said he never thought he'd see the day when the definition of
marriage was up for debate. Ryder says he voted for the amendment because it was
the right thing to do.
But Amy Eisele of Kansas City, Kansas, voted
against it. Eisele says government should stay out of marriage.
In Lawrence, retiree Geneva Pohl also voted
against the amendment.
"I just don't think it is
wise to pass an amendment to discriminate," the
81-year-old said.
The Rev. Terry Fox, senior pastor at Wichita’s Immanuel
Baptist Church and a leader of the campaign for the proposal,
said he expects opponents to challenge the amendment in court,
though he is confident it will stand up.
“We always felt like if
Kansans were given an opportunity to vote, they would vote
strongly to protect marriage and defend marriage in the way it
has traditionally been defined,” Fox said. “The real
winner here was marriage itself.”
Seventeen states have
constitutional amendments specifically banning same-sex
marriage by defining marriage as a union between a man and a
woman. An 18th state, Hawaii, has an amendment that
leaves it to the legislature to define marriage.
Following passage of the amendment the legislature passed a
Defense of Marriage Act.
Meanwhile, Tiffany Muller, an openly gay Topeka
City Council member, lost her bid to retain her seat. Muller, a 27-year-old
freelance grants writer, was appointed to fill a vacancy last year. The seat was
won by Richard Harmon, a 48-year-old attorney.
In the March primary Muller beat Jael Phelps, a
granddaughter of anti-gay pastor Fred Phelps, to face Harmon in today's vote. (story)
©365Gay.com 2005
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