In my home state of Kansas Republican Governor Sam Brownback created the Office of the Repealer in January 2011. Governor Brownback is a proponent of smaller government so to reduce the size of state government he created a new state office by executive order.
The Office of the Repealer accepts suggestions for statutes, regulations, and executive orders that should be repealed, reviews these suggestions, and then submits recommendations for repeal to the Governor. The Governor may then repeal executive orders or propose repeal of statutes or regulations to the state legislature.
In 2011 the Office of the Repealer received 506 suggestions via its website, and also conducted 26 meetings in 24 cities around the state to solicit input. These meetings were attended by more than 250 people. In January 2012 the Office recommended 51 statutes for repeal of 181 suggested. Not included among those statutes chosen for repeal was Kansas Statute 21-5504(a)(1) which makes gay sex a crime.
As highlighted in the current issue of The Economist, Kansas Statute 21-5504(a)(1) (recodified from 21-3505(a)(1)) would appear to be a suitable candidate for repeal. The law makes oral or anal sex between members of the same sex illegal. This law is unconstitutional in light of the 2003 ruling by the Supreme Court in Lawrence v. Texas which struck down a similar statute in Texas that had nearly identical language.
However, the Kansas law has not been formally removed from the books so it remains the technical law of the land although likely unenforceable. Sex between members of the same sex is classified as a Class B misdemeanor which carries a maximum sentence of 6 months in jail.
Note: If you’re concerned about visiting your proctologist remain calm, anal penetration occurring in the line of “generally recognized health care practices” is specifically exempted.
This Jayhawker suggests that Kansas follow its aspirational peer, Texas, and formally remove this unneeded and unconstitutional law. Everyone wins – Republicans get to have a “smaller government” and Democrats get to see a misguided and discriminatory targeting of the gay community eliminated. And of course, gay and lesbian couples in Kansas can have a clearer conscience about their sexual proclivities.
If you live in Kansas, or elsewhere, and would like to voice your support for repeal of Kansas Statute 21-5504(a)(1) please feel free to use the below text if you would like. Submissions can be made online, via email to repealer@ks.gov, or mailed in physical form to: Office of the Repealer, 1000 SW Jackson Street, Topeka, Kansas 66612.
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Please repeal Kansas Statute 21-5504(a)(1) (formerly Kansas Statute 21-3505(a)(1)) which makes sexual acts between persons of the same sex a crime. In light of the Supreme Court ruling in Lawrence v. Texas in 2003 it is clear this law is unconstitutional and should be removed. In addition to legal precedent this law should also be repealed on ethical and moral grounds – to stop a misguided attempt to persecute a specific group of citizens in their private lives and actions.
Additionally, I would suggest that the Office of the Repealer include a count of how many suggestions for repeal are received for each executive order, statute, and regulation listed on the official website. This information is relevant and important to show the amount of popular support there is for repeal of each suggestion.
Thank you for consideration of my requests.
John P. Anderson
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Republican governed states have devolved into the meth labs of democracy. Ignoring Supreme Court decisions (Lawrence v Texas and Roe v Wade) is a significant component of the right wing’s daily nutritional requirements.
A letter writing campaign is important. And I think the matter will only be decided by the courts.
We’ll see if the Repealer listens, but the people have to speak. Hopefully this article will result in a few more voices speaking up.
Wouldn’t this be largely symbolic? As I see it, the issue has already been decided by the Supreme Court – the Lawrence v. Texas decision should make this law invalid by extension (admittedly I don’t really know how that works in practice). Of course, getting rid of unenforceable laws does seem like a reasonable idea.
Eric- you are right about this already being decided in Lawrence v Texas, but the states are enacting all kinds of laws that are in violation of Supreme Court decisions. A number of the latest laws restricting abortion access are in violation of Roe v Wade. But these state laws, if I understand correctly, need to be struck down by the state courts. The state legislators know full well that these state laws are unconstitutional, but it is a way to make political points with the extreme right, even when they lose. the loss makes them even more heroic. They don’t care that the litigation costs the state money. It’s all about whipping up the base and staying in office.
It would be symbolic in the same sense that removing a law prohibit biracial marriage would be symbolic. As long as a law is on the books it is technically the law of the land and an arrest (and potentially a conviction) is possible. Virginia just lost a Fourth Circuit appellate case regarding their sodomy (non sex-specific) which is the same basic issue as in Kansas. The law was invalid due to the same Supreme Court ruling but prosecution still happened and court battles still had to be fought to remove the law from the books.
In Kansas, the same law was suggested for repeal to the Office of the Repealer in 2011, at least twice, and was not suggested for repeal to the governor although it would seem to be a prime candidate for repeal.
Kansas is already known nationwide for being home to the Westboro Baptist Church and I would think (and hope) that the government of Kansas would be willing to make even a token move to signal that Kansas does not have an agenda against homosexuals. I know many Kansans for which this is true, but perhaps they are in the minority and that is why popular opinion remains largely silent on this issue.
Bravo.
An unjust law is itself a species of violence. ~Mahatma Gandhi
Justin – very well put. A quote I wasn’t familiar with but articulates what I was trying to say much better than I could.