Brownback rescinds executive order that offered protections on basis of sexual orientation

Republican Gov. Sam Brownback rescinded an executive order Tuesday issued during the Sebelius administration that offered protections to state employees based on sexual orientation and gender identity.

The move immediately drew condemnation from state and national organizations, as well as lawmakers.

Then-Gov. Kathleen Sebelius, a Democrat, signed the order in 2007 prohibiting discrimination against most state employees on the basis of sexual orientation, The Associated Press reported at the time.

The order required agencies under the governor’s direct control to ensure they have programs to prevent harassment against gay men, lesbians, bisexuals and people who have had surgery for sex changes. It covered 25,000 of the 41,000 state employees.

On Tuesday, Brownback issued a new executive order canceling Sebelius’ order.

“This Executive Order ensures that state employees enjoy the same civil rights as all Kansans without creating additional ‘protected classes’ as the previous order did,” Brownback said in a statement.

“Any such expansion of ‘protected classes’ should be done by the legislature and not through unilateral action. The order also reaffirms our commitment to hiring, mentoring and recognizing veterans and individuals with disabilities.”

Tom Witt, head of Equality Kansas, slammed Brownback’s action.

“This action by the governor is an outrage,” Witt said. “Gay, lesbian, and transgender state employees across Kansas have trusted they would be safe from discrimination and harassment in their workplace, but Sam Brownback has, by erasing their job protections, declared ‘open season’ on every one of them."

The Human Rights Campaign, a leading gay rights organization, condemned the action. The organization in a statement said the governor had taken the state backward and called the move “shameful” and “foul.”

Members of Planting Peace, the nonprofit that runs the Equality House in Topeka, and other equality advocates have planned a love protest for noon Saturday on the south lawn of the Capitol, hoping to send a message that Kansans “won’t tolerate this intolerance,” said member Davis Hammet.

It is appropriate, he said, that the rally falls on Valentine’s Day.

“We wanted to use Valentine’s Day as a symbol of love, to remind them that all love is equal, and no one should be treated with disrespect, that no one should be fired for loving the person they do,” Hammet said.

Sebelius said in 2007 her order brought the state of Kansas in line with most Fortune 500 companies and 31 other states. It protected 25,000 state employees from being denied jobs, fired or discriminated against based on sexual orientation or gender identity but had no power of law over other businesses across the state.

The state already had a policy prohibiting discrimination in hiring and employment based on race, ethnicity, gender, national origin or age.

“We were out of date and out of step,” Sebelius said at the time.

Rep. Annie Kuether, D-Topeka, counts many state workers among her constituents. She didn’t appear optimistic about the prospects for legislative pushback, saying the Legislature has changed since Sebelius implemented the order in 2007.

“We weren't as conservative as we are now as a body,” Kuether said.

The executive order comes as the Department of Administration has called a news conference for Wednesday to discuss changes to human resources policies. No further details were announced.

Though Brownback rescinded the order Tuesday, the governor could have taken the same action at any point during his more than four years as governor.

“By focusing on divisive social issues, Brownback is playing to his base and attempting to distract from the serious budget crisis facing our state. The bottom line is this: All Kansans deserve to be treated fairly and with respect, and no Kansan should be denied equal protection under the law," said House Minority Leader Rep. Tom Burroughs, D-Kansas City.

The governor has been a staunch opponent of same-sex marriage. In the midst of a heated re-election campaign against Democrat Paul Davis, Brownback said Kansas should defend its ban on same-sex marriage contained in the state’s constitution.

Same-sex marriages have now begun in Kansas, though a lawsuit is still pending. The U.S. Supreme Court is expected to rule on same-sex marriage nationwide later this year.