As Amended by House Committee
Session of 2014
HOUSE BILL No. 2453
By Committee on Federal and State Affairs 1-16
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AN ACT concerning religious freedoms with respect to marriage. Be it enacted by the Legislature of the State of Kansas: Section 1. Notwithstanding any other pro!ision of law" no indi!idual or religious entity shall #e re$uired #y any go!ernmental entity to do any of the following" if it would #e contrary to the sincerely held religious #eliefs of the indi!idual or religious entity regarding se% or gender& 'a( )ro!ide any ser!ices" accommodations" ad!antages" facilities" goods" or pri!ileges* pro!ide counseling" adoption" foster care and other social ser!ices* or pro!ide employment or employment #enefits" related to" or related to the cele#ration of" any marriage" domestic partnership" ci!il union or similar arrangement* '#( solemni+e any marriage" domestic partnership" ci!il union or similar arrangement* or 'c( treat any marriage" domestic partnership" ci!il union or similar arrangement as !alid. Sec. ,. 'a( Notwithstanding any other pro!ision of law" no refusal #y an indi!idual or religious entity to engage in any acti!ity descri#ed in section 1" and amendments thereto" shall result in& '1( A ci!il claim or cause of action under state or local law #ased upon such refusal* or ',( an action #y any go!ernmental entity to penali+e" withhold #enefits from" discriminate against or otherwise disad!antage any protected indi!idual or religious entity" under any state or local law. '#( Any indi!idual or religious entity named in or su#-ect to a ci!il action" an administrati!e action or any action #y a go!ernmental entity may immediately assert the protections pro!ided #y section 1" and amendments thereto" or this section" as a defense #y mo!ing to dismiss such action. .f the motion to dismiss is filed in an action #efore an administrati!e tri#unal" within 1/ days after the filing of such motion any party to such action may elect to transfer -urisdiction of such action to a district court with proper !enue. 0ithin 61 days after such transfer of -urisdiction" the district court shall decide whether the claimed protection applies. The district court shall not permit any additional disco!ery or factfinding prior to ma2ing its decision. 'c( .f a go!ernmental entity" or any person asserts a claim or cause of
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action" or ta2es any ad!erse action against an indi!idual or religious entity in !iolation of su#section 'a(" such indi!idual or religious entity shall #e entitled upon re$uest to reco!er all reasona#le attorney fees" costs and damages such indi!idual or religious entity incurred as a result of such !iolation. 'd( .f an indi!idual employed #y a go!ernmental entity or other nonreligious entity in!o2es any of the protections pro!ided #y section 1" and amendments thereto" as a #asis for declining to pro!ide a lawful ser!ice that is otherwise consistent with the entity:s duties or policies" the indi!idual:s employer, in directin t!e "er#orm$nce o# suc! ser%ice, shall either promptly pro!ide another employee to pro!ide such ser!ice" or shall otherwise ensure that the re$uested ser!ice is pro!ided" if it can #e done without undue hardship to the employer. Sec. 3. As used in sections 1 through 4" and amendments thereto& 'a( ;<eligious entity; means an organi+ation" regardless of its nonprofit or for-profit status" and regardless of whether its acti!ities are deemed wholly or partly religious" that is& '1( A religious corporation" association" educational institution or society* ',( an entity operated" super!ised or controlled #y" or connected with" a religious corporation" association" educational institution or society* or '3( a pri!ately-held #usiness operating consistently with its sincerely held religious #eliefs" with regard to any acti!ity descri#ed in section l" and amendments thereto. '#( ;=o!ernmental entity; means any state office or officer" department" #oard" commission" institution" #ureau or any agency" di!ision or unit within any office" department" #oard" commission or other state authority" and any political or ta%ing su#di!ision of this state constituted under or acting under the authority of the laws of this state" including" #ut not limited to" any county" city" municipality" township" district" postsecondary educational institution" as defined #y >.S.A. 54-3,11#" and amendments thereto" or $uasi-pu#lic corporation or other $uasi-pu#lic entity t!e e&ecuti%e, 'e is'$ti%e $nd (udici$' br$nc!es $nd $ny $nd $'' $ encies, bo$rds, commissions, de"$rtments, districts, $ut!orities or ot!er entities, subdi%isions or "$rts )!$tsoe%er o# st$te $nd 'oc$' o%ernment, $s )e'' $s $ny "erson $ctin under co'or o# '$). Sec. 4. 'a( .f any word" phrase" clause or pro!ision of sections 1 through 4" and amendments thereto" or the application of any such word" phrase" clause or pro!ision to any person or circumstance is held in!alid" the remaining pro!isions shall #e gi!en effect without the in!alid portion and to this end the pro!isions of sections 1 through 4" and amendments thereto" are se!era#le. '#( Nothing in sections 1 through 4" and amendments thereto" shall #e
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construed to allow any indi!idual or entity" acting under color of state law to perform any marriage prohi#ited #y state law" including" #ut not limited to" laws relating to plural marriage" incest" consanguinity and marriagea#le age. 'c( Nothing in sections 1 through 4" and amendments thereto" shall #e construed to authori+e any go!ernmental discrimination or penalty against any indi!idual or religious entity #ased upon its performance" facilitation or support of any cele#rations of same-gender unions or relationships. 'd( The pro!isions of sections 1 through 4" and amendments thereto" shall #e construed in fa!or of a #road protection of religious e%ercise" to the ma%imum e%tent permitted #y their terms and #y the constitutions of this state and the ?nited States of America. Sec. /. This act shall ta2e effect and #e in force from and after its pu#lication in the statute #oo2.
