Kansas will be the first of four states in 2005 to decide whether to amend its state constitution to prohibit same-sex marriage. The proposed amendment will be on ballots across the state tomorrow.

South Dakota, Tennessee and Alabama will follow Kansas and vote on state constitutional amendments later this year.

While 17 states already have constitutional amendments prohibiting same-sex marriage, 23 others have pending amendments, according to the Human Rights Campaign, a national organization working for equal rights for lesbians, gays, bisexuals and transgendered persons.

Kansas, like many other states, already has a state statute that prohibits same-sex marriage and defines marriage as a contract between two people of the opposite sex. The proposed amendment would take this statute a step further.

The first part of the amendment defines marriage as a civil contract between one man and one woman. By this definition, all other marriages would be declared void.

The second part says the state will not recognize any relationship, other than marriage, as having the rights or incidents of marriage.

This would deny some tax breaks and benefits to people in civil unions who are not married, Aaron Paden, Lawrence senior, said. And that takes things too far, Paden said. He has helped organize a rally against the amendment at 12:20 today at Wescoe Beach.

“Our constitution should be there to protect citizens,” Paden said. “For the constitution to be used to take away rights from people is bad. It seems almost evil.”

Daniel Rea, St. Louis freshman and activism chairman for Queers and Allies, said the amendment was too specific.

“It’s not just defining marriage,” Rea said. “It’s denying rights to any partners or couples outside of marriage.”

Student Senate voted last month to oppose the amendment. The amendment conflicts with the University of Kansas Code of Student Rights and Responsibilities, which protects students from harassment based on sexual orientation.

While denying the recognition of other civil unions is a bold step, it is necessary to ensure that the amendment is more than just theory, Lee Bickerstaff, Emporia senior, said.

“If there are no real world effects, then you’re just arguing semantics,” Bickerstaff said.

If the amendment does not pass, the legislature could still amend the state’s statute prohibiting same-sex marriage, which would function similarly to the constitutional amendment.

But that is unlikely, Allan Cigler, professor of political science, said. Governor Kathleen Sebelius can veto any new statutes.

“My guess would be that she doesn’t support the amendment,” Cigler said. “I think it’s the amendment or nothing.”

Cigler said he doubted the house and the senate could get the two-third vote required to override a governor’s veto.

Polls will be open from 7 a.m. to 7 p.m. tomorrow. Registered voters can contact The Douglas County Clerk’s office for voting locations at 832-5267. A majority vote is needed for the amendment to pass.

— Edited by Nikola Rowe