Opponents of gay marriage are pitting themselves against gay and lesbian activists as Kansas voters prepare to decide Tuesday whether to become the 18th state to add a ban to the state constitution.

Those who support the gay marriage ban have financial support from a national group and help from Sen. Sam Brownback. They argue an amendment is necessary to prevent a court in Kansas from invalidating state law. While no direct legal challenges are pending, they point to rulings in Massachusetts and California in favor of gay marriage as evidence that something similar could happen in Kansas.

But gays and lesbians and other critics worry the proposed amendment would go far beyond protecting the traditional definition of marriage. They argue it would affect companies providing health benefits to employees' unmarried partners and create other problems.

The amendment would add a new section to the constitution reaffirming Kansas' longstanding policy of recognizing only marriages between one man and one woman. It also would declare that only such unions are entitled to the "rights and incidents" of marriage.

Supporters are a little nervous about turnout, and Secretary of State Ron Thornburgh has declined to predict how many Kansans will go to the polls. Without the amendment on the ballot, participation would be light, with only municipal elections and scattered local questions.

If voters approve the proposition, Kansas will become the 18th state to add a gay marriage ban to its constitution. Thirteen, including neighboring Missouri and Oklahoma, did so last year; Nebraska enacted its constitutional ban in 2000.

"We're all concerned because of the historically low voter turnout in spring elections," said the Rev. Dennis Slavens, senior pastor at the Antioch Church in Overland Park. "We do think it will pass."

Among the amendment's critics are Gov. Kathleen Sebelius, who has noted the traditional definition of marriage has been part of Kansas law since 1867.

"She believes it's unnecessary," said spokeswoman Nicole Corcoran. "She'll be voting 'no'"

But supporters contend that besides preventing a judge from overturning an existing state statue banning gay marriage, an amendment to the state constitution would boost a campaign for a federal marriage amendment.

The Knights of Columbus, the nation's largest lay organization for Roman Catholics, contributed $100,000 to the campaign for the amendment. Brownback recorded messages for three radio commercials.

"For social reasons and social policy, it's incredibly important," Brownback said. "Children flourish best in a stable marital relationship between a man and a woman."

But critics are trying to persuade Kansans that the amendment is so broad that it could hurt gays and lesbians and their families - and unmarried heterosexual couples as well.

They argue hospitals could use the amendment as an excuse to deny people the right to see or make decisions for partners, that gays' and lesbians' adoptions of children could be in danger or that legal documents designed to ensure a partner's inheritance could be voided.

They also argue the proposal sends a troubling message.

"For all time, I'm garbage, and I don't have the right to be with the person I love," said Diane Silver, a 52-year-old Lawrence writer and editor who serves as a spokeswoman for an anti-amendment group, Kansans for Fairness. "It's an attempt to make our lives harder. This is about hurting people."

Slavens said opponents are wrong about both the amendment's scope and purpose.

"We just want to protect what has been tried and tested," he said. "It really needs to happen because of the disintegrating morality in America."

This entry was posted on Sunday, April 03, 2005 at 1:01 PM. Want to discuss? Leave a comment below.