Wednesday, April 6, 2005
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Kansas became the 18th state to pass a constitutional amendment prohibiting same-sex marriage last night, according to unofficial vote tallies. While about 70 percent of the state voted to pass the amendment, more than 60 percent in Douglas County voted against it.
Daniel Rea, activism chair for KU Queers and Allies, said he expected the amendment would pass. The St. Louis freshman said expecting people to accept same-sex marriage was too big of an idea too soon.
“You can’t push for everything,” Rae said. “You need to make the small changes first.”
Although he expected the results, Rea said he felt depressed and frustrated.
“You feel lonely and isolated to live in a state where the majority of people who surround you disagree with your way of life.”
Rea said that living in an area where people voted against the amendment added to his sense of security.
“It says a lot about the younger generation being ready for a change,” Rea said.
Lee Bickerstaff, Emporia senior, said he expected Douglas County to vote against the amendment while the rest of the state voted to pass it. He said he voted in favor of the amendment because it could benefit Kansas culture.
“I believe homosexual unions are outside of God’s design,” Bickerstaff said. “It’s a step in the right direction to promote people seeking a better culture.”
The state constitution will be amended on Friday after all votes have been certified. The amendment will limit the definition of marriage to a civil contract between one man and one woman only. It will also deny the rights and incidents of marriage to all relationships except marriage.
That raises some legal issues, said Richard Levy, professor in the University’s School of Law.
Married couples have particular rights regarding domestic violence penalties, child custody and employment benefits.
For example, married couples have enhanced penalties for domestic violence. Traditionally, domestic partners, or people in non-married relationships, have had similar domestic violence penalties as married couples.
But under the new amendment, a non-married person charged with domestic violence could argue for less strict penalties than those enforced against married people, Levy said.
“The argument is there to be made,” Levy said. “We don’t know what the courts will decide, but I do think that if I were representing a party that was in a position to make these arguments, I would make the arguments.”
Levy said the amendment also raised issues about how child custody was determined for non-married couples and how businesses provided benefits to non-married couples.
“The courts will have to sort it out,” he said.
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