Kansas attorney
general Paul Morrison said Friday that a proposed
Lawrence city ordinance that would allow unmarried
heterosexual and same-sex couples to register their
partnerships would not be in violation of a 2005
amendment to the Kansas constitution that bans same-sex
marriage, reports the Associated Press.
Morrison wrote in a 17-page opinion
that while the Lawrence ordinance would
allow couples in Kansas to register their partnerships,
it would not offer any legal rights to marriage.
However, the attorney general further stated
that the proposed ordinance contains a section that
would allow couples living outside Lawrence to
register their partnerships, something Morrison said could
exceed the city's sovereignty.
"Should the city of Lawrence impose a city
residency requirement, we believe that the ordinance
would pass muster," Morrison wrote.
Although Morrison's legal opinion isn't binding,
discussions concerning the ordinance caused a
legislator to propose a bill that would ban
registration of domestic partnerships in Kansas.
However, it is not yet known how the city commission
will handle a domestic-partnership registry.
Outgoing commissioner Mike Rundle said a
decision won't occur until two new members to the
five-member commission take office this week.
"It was our intent to make this process and
policy such that it was not in violation of the
constitutional amendment," Rundle told the Associated
Press. "Our policy is not going to put any requirement on
any private firms that they shall provide domestic-partner benefits."
A domestic-partnership registry would allow an
individual access to his or her
partner's employer-provided health benefits, Rundle
said. Companies extending these benefits often accept
registration as proof of a relationship and require
more detailed documentation without it, Rundle added.
Morrison's staff said his opinion shouldn't be
seen as his endorsing domestic-partnership registries;
rather, he was simply interpreting the law. (The Advocate)