The Flint Hills Observer
April 1997

Kansas Queers Narrowly Escape Discriminating Legislation
by Deb Taylor

Kansas queers narrowly escaped from being included as criminal registrants in the "Kansas Crimes Against Children and Sex Offender Registration Act," presently known as Senate Bill (SB) 291. This bill represents changes in the current "Kansas Sex Offender Registration Act" (K.S.A. 22-4901 et seq.) in order to bring Kansas in compliance with Megan’s Law, which requires the registration of those convicted of capital murder, murder in the first degree, murder in the second degree, voluntary manslaughter, and involuntary manslaughter. Registration also provides law enforcement officers with a current data base reflecting the criminal history, identification, and present location of known criminals within their communities. The public could be made aware of offenders living within their communities, and therefore be able to take measures needed to increase their personal safety.

Initially, SB 291 would require persons convicted under K.S.A. 21-3535 (the current consensual sodomy law) to be registered as sex criminals, along with molesters and rapists, and be reported to local law enforcement agencies and neighbors. In short, anyone who had been convicted of consensual adult sodomy (for example, those arrested for solicitation in Gage Park, Topeka) would be required to register with the State as a violent sex offender. This version passed through the Senate before a lesbian lawyer from Lawrence noticed the inclusion and made others--including the Attorney General’s office and Kansas-wide queer activists--aware of its existence.

During the House Judiciary Committee hearing on March 24, activist Scott Curry (Wichita) testified in opposition to the inclusion of "adult consensual sodomy" in SB 291. Curry pointed out that conviction for adult consensual sodomy is a misdemeanor, while SB 291 is meant to require registration of persons convicted of felonies. Therefore, adult gays and lesbians convicted of consensual sodomy (which, in Kansas, even includes talking about having sex with someone of the same sex) would be registered with the State along with sexually violent criminals. The inclusion of adult consensual sodomy is not the purpose of the "Kansas Crimes Against Children and Sex Offender Registration Act."

Curry stated in his written testimony that the inclusion of adult consensual sodomy in a bill which is really for violent sex offenders and child sex offenders is discriminating. He added that, if the intent of SB 291 "is to discriminate against gay men and lesbians, wouldn't it be simpler for SB 291 to just state that citizens have the right to know where fags live? This, at least, would be intellectually honest."

On Thursday, March 27, SB 291 passed out of the House Judiciary Committee with the revisions Curry asked for in his testimony to the committee. They are allowing registration for those convicted of criminal sodomy, and sodomy with someone under 18. According to Curry, this is not an unequal application of the law: "straights are also criminally charged in the case of statutory rape, and would have to register."

For now, stated Curry, "the roller coaster appears to be over for SB 291. We can call off the dogs." The full text of SB 291 is available at http://www.ink.org/public/legislative/fulltext-bynum.cgi?bill=291. For more information on SB 291, click here.

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