Lesbians, gay, bisexual, and transgender (LGBT) people in the US in Kansas face some legal challenges that non-LGBT residents do not. Sexual sexual activity is legal in Kansas.
Two lawsuits, one in state court and the other in federal court, challenged the constitutionality of the state ban on same-sex marriage, and on 4 November 2014 a US District Court judge ruled that Kansas's ban on same-sex marriage was unconstitutional. His verdict remains as the country requesting a delay to remain unsuccessful, and it came into force on 12 November 2014. From 12 November 2014 until the Supreme Court ruling at Obertenfell v. Hodges on June 26, 2015, marriage licenses are generally available to same-sex couples, but state governments continue to deny the recognition of same-sex marriage in all other respects.
Video LGBT rights in Kansas
The law on same-sex sexual activity
The 2003 US Supreme Court ruling at Lawrence v. Texas makes laws that prohibit consensual sexual activity unworkable, including in Kansas. Country v. Limon , the first case decided under the Lawrence precedent, overturned the Romeo and Juliet provisions of the state which imposes harsher penalties in cases of statutory rape in which the parties of same sex.
Maps LGBT rights in Kansas
Recognition of same-sex relations
Wedding
Same-sex marriage became legitimate in Kansas following the decision of the US Supreme Court at Obergefell v. Hodges on June 26, 2015, which finds unlawful refusal of unconstitutional marital union rights. On June 29, the next business day after the decision, 25 of the country's 32 state courts issued licenses for same-sex couples, and some of them have not received applications from same-sex couples. Kansas for the past decade has acknowledged same-sex marriage or the form of legal recognition of same-sex trade unions. The state explicitly prohibits same-sex marriage and all other types of unions by either law or by constitutional amendment.
Country definitions and restrictions have been challenged in several lawsuits. On October 7, 2014, officials at Johnson County began to receive licenses for marriage applications, due to the Supreme Court's recent refusal to hear of the now binding Utah case in Kansas. The state Attorney General filed a lawsuit to stop the action. One couple got marriage certificate and married on October 10, on the steps of the Johnson County Courthouse. On October 10, 2014, the Kansas Supreme Court ordered officials in Johnson County to stop issuing marriages to same-sex couples, although it allowed court clerks to accept applications for marriage certificates of same-sex couples. This is scheduled trial for 6 November.
On November 18, 2014, the Kansas Supreme Court ruled that Johnson County had been within its jurisdiction to issue marriage certificates to same-sex couples based on their interpretation of the law. This lifts a stay in Johnson County from issuing a license, but does not direct other countries to issue it.
Judge Daniel D. Crabtree heard the oral argument on October 31, 2014 in another lawsuit in US district court, Marie v. Moser . He found state bans on unconstitutional marriage unconstitutional on November 4, but continued to impose his decisions for a week. The state sought to remain pending an appeal without the success of the Tenth Circuit Court of Appeals, and Crabtree's order that prevented the state from imposing its ban on same-sex marriage came into force on November 12 when the US Supreme Court rejected his request to stay pending an appeal.
Domestic partnership
Lawrence and Topeka cities have established domestic partnership partners.
Adoption and parenting
In November 2012, the Kansas Appeals Court ruled in this case In IM Adoption Material that one person who is not a biological parent of a child can not petition to adopt the child without terminating the parent's other parental rights. Because Kansas does not recognize same-sex marriage, this decision effectively prevents same-sex couples from adopting a second parent in Kansas. However, the Kansas Supreme Court ruled on February 22, 2013, at Frazier v. Goudschaal that partners of biological parents may receive parental rights in the best interests of the children in some circumstances, such as where there is no second parent and thus no termination of the rights of the parent involved, and partners have assumed the role of childcare.
Protection of discrimination
Between 2007 and 2015, Kansas prohibited discrimination on the basis of sexual orientation or gender identity in government work on the basis of an executive order issued by Governor Kathleen Sebelius in August 2007. Governor Sam Brownback canceled the order on 10 February 2015.
Lawrence, Topeka, and Roeland Park cities prohibit discrimination on the basis of sexual orientation or gender identity in government and private work. County Shawnee prohibits discrimination on the basis of sexual orientation only in public works.
On 6 November 2012, voters of the towns of Salina and Hutchinson voted to repeal both cities of anti-discrimination procedures based on sexual orientation and gender identity.
In January 2014, Kansas House Bill 2453 was introduced which would allow people to be motivated by religious opposition to same-sex relationships to refuse service to same-sex couples. On February 12, the Kansas House of Representatives passed a law with a 72-49 vote. The Kansas Senate does not take legislation. It is part of a wider movement to anticipate opposition to the recognition of same-sex marriage.
Today, Kansas's hate crimes legislation includes violence based on sexual orientation. It does not include gender identity.
Senate Bill 175
References
Source of the article : Wikipedia
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