The Flint Hills Observer
December 1998

Attorney furthers equality through legislation
By Deb Taylor

For Scott Curry, going to law school was his way of furthering gay and lesbian equality for Kansans.  Curry, now a Wichita-based attorney, can attempt to further Kansas equality through legislation.

Scott Curry was the guest speaker at the November 5 Flint Hills Alliance meeting. He became an activist in the early 80s. In 1992, Curry was the first openly gay man to speak to the Kansas Legislature. Now, he is a routine speaker when queer issues surface in the Kansas House.

Curry last spoke before the House Judiciary Committee in March, 1997, when legislators were planning to include Kansas queers as criminal registrants in the "Kansas Crimes Against Children and Sex Offender Registration Act," presently known as Senate Bill (SB) 291. This bill represented changes in the current "Kansas Sex Offender Registration Act"  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.

Initially, SB 291 would have required persons convicted under 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 have been required to register with the State as a violent sex offender.

During the House Judiciary Committee hearing on March 24, Curry  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."

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.

The queer voice in Kansas is not politically powerful enough to say that we influence votes, states Curry.  Because of this, bad legislation easily passes in the Kansas legislature, and we still have the sodomy law.

Luckily, Kansas has a Governor who, although not 100% supportive, is not interested in furthering the anti-gay agenda.

In April 1996, Governor Graves signed into law SB 515, the Kansas anti-gay marriage act. The act states that same-sex marriages are “void and against public policy in Kansas.”  Although Graves signed the bill, notes Curry, the Governor stated that he did not like doing so.

Curry states that SB 515 was particularly bad legislation because it was pushed through the House and Senate in a stealth manner so that no one could argue.  It was attached to a totally unrelated bill that had already been discussed.  At the same time this bill was being discussed, a queer law conference was being held down the street at the Washburn University Law School.  Curry was amazed that no one from the conference went to the Capital to express outrage over the bill.

But, he adds, that’s what queer communities tend to do in crisis times: we acknowledge that it’s time to take action and then we don’t do anything.  Curry even had legislators call him at home to say that they were afraid of voting against SB 515 because of fear of the religious right using that against them at election time.  Curry, upset, responded by asking them how could they live with themselves and look in the mirror in the morning.

“Of course, then they realized we were the spawn of Satan and hung up,” noted Curry with a laugh.

Curry feels that the future of achieving equality for queers will be in focusing on commerce law, arguing that denying equal rights to queers impedes their travel across states.

In the meantime, however, Curry encourages us to tackle our legal battles with commitment and knowledge.  If, for example, we plan to fight for domestic partner benefits at KSU, those directly involved should commit to the fight from beginning to end.  Curry also encourages them to seek someone who is very familiar with civil rights law.  Contact national organizations to avoid wasting time “reinventing the wheel.”

Curry admits that, as a queer lawyer, he has to be more creative at times. But he plans to continue working towards queer equality for Kansans.  Visit Scott Curry’s web site. He can be reached at  curraze@feist.com.
 
 


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