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OpEdNews Op Eds    H2'ed 7/8/15

Sam Brownback (R-KS) Signs Sweeping Anti-LGBT Executive Order

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The State Government is prohibited from taking any action inconsistent with the restrictions placed upon the State Government by the United States Constitution, or the Kansas Constitution, or the Kansas Preservation of Religious Freedom Act, against any individual clergy, religious leader, or religious organization on the basis that such person or organization believes or sincerely acts in accordance with a religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman.

Specific protections for persons and religious organizations

(a) The State Government shall not take any discriminatory action against any individual clergy or religious leader on the basis that such individual declines or will decline to perform, solemnize, or facilitate any marriage, based upon or consistent with the individual's sincerely held religious belief or moral conviction described in Section 1.

(b) The State Government shall not take any discriminatory action against a religious organization, including those providing social services, wholly or partially on the basis that such organization declines or will decline to solemnize any marriage or to provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, celebration or recognition of any marriage, based upon or consistent with a sincerely held religious belief or moral conviction described in Section 1.

(c) The State Government shall not take any discriminatory action against a religious organization that provides social services or charitable services, which acts or intends to act upon sincerely held religious belief or moral conviction described in Section 1.

Definitions

(a) As used in this Order, State Government means all departments, commissions, boards, agencies, and political subdivisions of the State of Kansas.

(b) As used in this Order, discriminatory action means any action taken by the State Government including, but not limited to:

(1) negatively alter the tax treatment of, or cause any tax, penalty, or payment to be assessed against, delay, revoke, or otherwise make unavailable or deny, an exemption from taxation of, any person;

(2) disallow or otherwise make unavailable or deny a deduction for state tax purposes of any charitable contribution made to or by such person;

(3) withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny, any state grant, contract, subcontract, cooperative agreement, or loan from or to any person;

(4) withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny, any accreditation, licensing, custody award or agreement, recognition, or certification from or to any person.

(c) Nothing in this Order shall be construed to prevent the State Government from providing, either directly or indirectly, any benefit or service authorized under State law.

This document shall be filed with the Secretary of State as Executive Order 15-05 and shall become effective immediately.

The proposal, which extends to social services and is unspecific as to religious faith or beliefs held, indicates the state cannot deny support or practice any discriminatory standard because those organizations choose to discriminate.

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