LGBT rights in Kansas: Difference between revisions

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| image = Map of USA KS.svg
| image = Map of USA KS.svg
| caption = [[Kansas]] ([[United States|US]])
| caption = [[Kansas]] ([[United States|US]])
| legal_status =
| legal_status = Legal since 2003
| gender_identity_expression =
| gender_identity_expression =
| recognition_of_relationships =
| recognition_of_relationships = No
| recognition_of_relationships_restrictions =
| recognition_of_relationships_restrictions = Constitutional ban
| adoption =
| adoption = No
| discrimination_protections =
| discrimination_protections = No
}}
}}
'''Lesbian, gay, bisexual, and transgender (LGBT)''' persons in the [[United States|U.S.]] state of '''Kansas''' face some legal challenges not experienced by non-[[LGBT]] residents. Same-sex sexual activity is legal in [[Kansas]]. Same-sex couples and families headed by same-sex couples do not have the same protections as opposite-sex couples.
'''Lesbian, gay, bisexual, and transgender (LGBT)''' persons in the [[United States|U.S.]] state of '''Kansas''' face some legal challenges not experienced by non-[[LGBT]] residents. Same-sex sexual activity is legal in [[Kansas]]. Same-sex couples and families headed by same-sex couples do not have the same protections as opposite-sex couples.


==Law regarding same-sex sexual activity==
==Sodomy laws==
The [[Supreme Court of the United States|U.S. Supreme Court]]'s 2003 decision in ''[[Lawrence v. Texas]]'' rendered laws banning consensual sexual activity unenforceable, including that of Kansas.<ref>''New York Times'': [http://www.nytimes.com/2003/06/26/politics/26WIRE-SODO.html "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003], access April 16, 2011</ref> ''State v. Limon'', the first case decided under the ''Lawrence'' precedent, invalidated a provision of the state's [[Romeo and Juliet law]] that assigned harsher sentences in statutory rape cases where the parties were of the same sex.<ref>''State v. Limon'', 280 Kan. 275, 122 P.3d 22, October 21, 2005.</ref>
The [[Supreme Court of the United States|U.S. Supreme Court]]'s 2003 decision in ''[[Lawrence v. Texas]]'' rendered laws banning consensual sexual activity unenforceable, including that of Kansas.<ref>''New York Times'': [http://www.nytimes.com/2003/06/26/politics/26WIRE-SODO.html "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003], access April 16, 2011</ref> ''State v. Limon'', the first case decided under the ''Lawrence'' precedent, invalidated a provision of the state's [[Romeo and Juliet law]] that assigned harsher sentences in statutory rape cases where the parties were of the same sex.<ref>''State v. Limon'', 280 Kan. 275, 122 P.3d 22, October 21, 2005.</ref>


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==Adoption and parenting==
==Adoption and parenting==
Kansas permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoptions, but none are known to have occurred.<ref>Human Resources Campaign: [http://www.hrc.org/4148.htm Kansas Adoption Law ], accessed April 16, 2011</ref>
Kansas permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoptions, but none are known to have occurred.<ref>Human Resources Campaign: [http://www.hrc.org/laws-and-legislation/entry/kansas-adoption-law Kansas Adoption Law], accessed April 16, 2011</ref>


==Discrimination protection==
==Discrimination protection==
No provision of Kansas law explicitly addresses discrimination on the bases of sexual orientation or gender identity.<ref>Human Resources Campaign: [http://www.hrc.org/4154.htm Kansas Non-Discrimination Law], accessed April 16, 2011</ref>
No provision of Kansas law explicitly addresses discrimination on the bases of sexual orientation or gender identity.<ref>Human Resources Campaign: [http://www.hrc.org/laws-and-legislation/entry/kansas-non-discrimination-law Kansas Non-Discrimination Law], accessed April 16, 2011</ref>


==Hate crime laws==
==Hate crime laws==
Kansas's hate crimes law covers hate crimes based on sexual orientation but not gender identity.<ref>Human Resources Campaign: [http://www.hrc.org/4152.htm Kansas Hate Crimes Law], accessed April 16, 2011</ref>
Kansas's hate crimes law covers hate crimes based on sexual orientation but not gender identity.<ref>Human Resources Campaign: [http://www.hrc.org/laws-and-legislation/entry/kansas-hate-crimes-law Kansas Hate Crimes Law], accessed April 16, 2011</ref>


==References==
==References==

Revision as of 17:07, 2 February 2012

LGBT rights in Kansas
StatusLegal since 2003
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo
RestrictionsConstitutional ban
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Kansas face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Kansas. Same-sex couples and families headed by same-sex couples do not have the same protections as opposite-sex couples.

Law regarding same-sex sexual activity

The U.S. Supreme Court's 2003 decision in Lawrence v. Texas rendered laws banning consensual sexual activity unenforceable, including that of Kansas.[1] State v. Limon, the first case decided under the Lawrence precedent, invalidated a provision of the state's Romeo and Juliet law that assigned harsher sentences in statutory rape cases where the parties were of the same sex.[2]

Recognition of same-sex relationships

Kansas voters adopted a constitutional amendment in April 2005[3] that said "Marriage shall be constituted by one man and one woman only" and banned granting the "rights or incidents" of marriage to other relationships.[4] Similar restrictions appear in state statutes as well.[5]

Adoption and parenting

Kansas permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoptions, but none are known to have occurred.[6]

Discrimination protection

No provision of Kansas law explicitly addresses discrimination on the bases of sexual orientation or gender identity.[7]

Hate crime laws

Kansas's hate crimes law covers hate crimes based on sexual orientation but not gender identity.[8]

References

  1. ^ New York Times: "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003, access April 16, 2011
  2. ^ State v. Limon, 280 Kan. 275, 122 P.3d 22, October 21, 2005.
  3. ^ New York Times: "Kansas: Voters Approve Amendment Banning Same-Sex Marriage," April 6, 2005, accessed April 16, 2011
  4. ^ State Library of Kansas: Kansas Constitution, Article XV, section 16, accessed April 16, 2011
  5. ^ Human Resources Campaign: Kansas Marriage/Relationship Recognition Law , accessed April 16, 2011
  6. ^ Human Resources Campaign: Kansas Adoption Law, accessed April 16, 2011
  7. ^ Human Resources Campaign: Kansas Non-Discrimination Law, accessed April 16, 2011
  8. ^ Human Resources Campaign: Kansas Hate Crimes Law, accessed April 16, 2011