Kansas Supreme Court expands parental rights of same-sex couples

Kansas Supreme Court expands parental rights of same-sex couples

The Kansas Supreme Court issued two decisions Friday with far-reaching implications for same-sex couples, finding that parenting intentions at the moment of a child’s birth are critical to establishing parental rights.KAnsas supreme court same-sex couples

Both cases involved birth mothers who conceived through artificial insemination and were fighting petitions by their former same-sex partners to establish parentage after their romantic relationships had fallen apart. In both cases, the women had not married and they did not have written or oral co-parenting agreements.

The court found that under the Kansas Parentage Act a woman needs only to show that she acknowledged maternity at the time of the child’s birth and show evidence that the birth mother consented at that time to share the care, custody and control of the child.

The cases — one from Butler County and the other from Crawford County — were sent back down to the lower courts for further proceedings consistent with the rulings.

“The court must avoid giving either party a veto after the arrangement has been put in place and into effect at the time of the child’s birth,” the state Supreme Court said. “Allowing unilateral action by either party to thwart the maternity of the other after a child has arrived and vital bonds with both have begun to form is unacceptable.”

Provisions in the Kansas Parentage Act support the idea that it is at the moment of birth when state law deems a child to have either one parent or two, the court said.

The court stopped short of requiring a formal contractual arrangement, but said a demand that each individual makes up her mind at the time of birth incentivizes stability for the child. It likened it to the existence of premeditation when a trigger is pulled, saying the evidence of what is in the mind of the person pulling it may come from words and actions before, during and after the event.

LJWorld.com, November 6, 2020 by Roxana Hegeman

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Kansas bill seeks to define same-sex marriage as ‘parody’


Kansas state representatives introduced legislation Wednesday that would define same-sex marriage as “parody marriage” and would prohibit the state from recognizing same-sex marriages or transgender people.

The bill seeks to establish an “elevated marriage” for straight couples, according to the Wichita Eagle.

The legislation would also allow controversial gay “conversion therapy” which seeks to change a gay person’s sexual orientation. Critics of conversion therapy say it is often inhumane and does not work.

Two bills were introduced, one that says same-sex marriages “erode community standards of decency.” It argues that civil rights for gay people are different than civil rights for black people because it claims that there are “no ex-blacks but there are thousands of ex-gays.” 

The measures would also prohibit public schools and libraries from hosting or endorsing “drag queen storytime.”

The legislation has very little chance of becoming law, according to the Eagle. The state’s Democratic governor is supportive of gay marriage and is likely to veto the bill if it passes the state legislature.

In an interview with the Eagle, the bill’s sponsor state Rep. Randy Garber (R) admitted that the language in the legislation is “kind of harsh.”

“Their marriage probably doesn’t affect me — their union or whatever you want to call it,” he said. “But in my opinion, they’re trying to force their beliefs on society.”

BY RACHEL FRAZIN – 02/14/19 – TheHill.com

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