Lawrence may become the first city in Kansas to register same-sex partners

[updated 10 a.m. 12/23/06]

By Diane Silver

I knew this was brewing, but I've waited until it became public to post about it. The Lawrence Chapter of the Kansas Equality Coalition is working to make our town the first city in Kansas to create a domestic partner registry.

If approved, the proposal would add the home of the University of Kansas to Kansas City, Mo.; St. Louis; Iowa City, Iowa; and about 72 other governments that have created registries.

The Lawrence Journal-World reports:

City Commissioner Mike Rundle has asked staff members to research an ordinance that would create a domestic partnership registry that would be run by the city.

A constitutional amendment approved by Kansas voters nearly two years ago outlaws gay marriage in the state. The domestic partnership registry would not automatically grant the legal rights that married couples have to gay or lesbian couples. But it would serve as a legal recognition of a couple's relationship.

"It would indicate that the city is welcoming and supportive of its gay community members," said Maggie Childs, who heads the Lawrence chapter of the Kansas Equality Coalition, which asked Rundle to seek the registry. "In my mind, the primary benefit is symbolic."

The constitutional amendment did more than just outlaw marriage for same-sex couples. It also banned any form of civil union or any kind of individual legal right that might look like marriage. Because a registry would not confer legal rights, though, it should still be constitutional.

The Journal-World provided some examples of how a registry could work and talked to officials in Iowa City, which has had a registry since 1994.

Despite its symbolic nature, a partnership registry is important. As Maggie said, it tells lesbians and gays that they are welcome in Lawrence, but a registry can also help out our families in concrete ways.

When my life partner died of breast cancer in 1993, our son was 7 years old, and I had a ton of bills. Proving that my late partner had actually been my partner was a constant struggle that had both emotional and financial consequences.

I had to argue with the newspaper about being listed as her partner. (The obituary writer asked: How could he know I was telling the truth?)

I had to argue with the state to get more copies of her death certificate when I needed them to settle her estate. (The clerk asked: Could I prove I was her partner?)

I had to argue with the insurance company that didn't want to honor my late partner's wishes. (The company official said: You're just a housekeeper who took care of a dying woman, and now you're trying to get all her money. Prove that you are who you say you are.)

If there is no public record of a relationship, how do you prove what you were to each other?

I was lucky. I was able to win those fights and other battles with the help of a good attorney, a bank manager and a handful of newspaper clippings where we were interviewed as a couple.

You shouldn't have to be in the newspaper or have the money to hire an attorney to prove that a life-long, loving commitment actually existed.

A domestic partner registry would certainly have helped me then, and it would help lesbians and gays now.

If you would like to part of this effort, please join the Lawrence Chapter of the Kansas Equality Coalition or make a donation online.

Kansas: Judge dismisses charges against Tiller hours after case becomes public

[updated 12:59 p.m. 12/23/06]

By Diane Silver

Talk about faster than a speeding bullet: A Sedgwick County judge has just dismissed the misdemeanor charges outgoing Attorney General Phill Kline filed against Dr. George Tiller.

AP reports:

Judge Paul W. Clark dismissed the case against Tiller after Sedgwick County District Attorney Nola Foulston said that her office had not been consulted by Kline, a vocal opponent of abortion who recently lost his bid for a second term.

Clark signed his one-page order only hours after Kline's complaint against Tiller was unsealed. Kline filed his complaint Thursday, alleging that Tiller had improperly performed late-term abortions and hadn't properly reported information to the state Department of Health and Environment.

Foulston said in her request to have the case dismissed that while Kline is the state's chief law enforcement official, he doesn't have the legal authority to "unilaterally" pursue criminal charges when a county prosecutor has not asked his office to intervene or granted a request from the attorney general to handle a case.

"The district attorney has not invited or requested, consented or acquiesced, or failed to object to the filing of the complaint," Foulston wrote.

In a news conference Friday afternoon, Kline told reporters he would file an emergency motion asking the judge to reconsider his decision. Kline also talked about his action against Tiller and said that he had met with Foulston before filing charges. Here is the full text of Kline's statement. The article in The Wichita Eagle has the details.

From The Wichita Eagle:

Gov. Kathleen Sebelius on the Kline's actions.

District Attorney Nola Foulston's filing.

The Eagle page also includes audio from Tiller's attorneys and now has a pdf of what Kline filed against Tiller. Here is an updated story from The Eagle detailing the sequence of events.

Judge's order dismissing the case.

From the Lawrence Journal-World:

The news release from Tiller's attorneys.

Kansas News: Phill Kline's "last gasp" attack on George Tiller & the new ethics charges filed against Kline

[updated 1 p.m. 12/23/06)

By Diane Silver

I have no intention of turning this into the Phill Kline All The Time blog, but just for the record, there are two new developments in the career of Mr. Kline. The soon-to-be Johnson County district attorney is in the 11th hour of his career as Kansas attorney general.

First, Kline today filed misdeamisdemeanor charges against Dr. George Tiller. A Wichita M.D., Tiller is a perpetual target of anti-choice/pro-life (pick your term) forces because he provides late-term abortions. (By the way, that isn't the only medical service Tiller provides. It's just the one that gets in the headlines.)

"The filing of criminal charges by Phill Kline is the last gasp of a defeated and discredited politician," Lee Thompson, one of Tiller's lawyers, said at a news conference this morning in Wichita. "Rather than exercising his duty as a prosecutor to see that justice is done, he has chosen to engage in a malicious and spiteful prosecution on the eve of Christmas."Tiller found a summons to appear in court on the door of his home.

Allegations include that Tiller has not properly reported information to the Kansas Department of Health and Environment, the lawyer said.

Dan Monnat, who also represents Tiller, said he expects the charges to be dismissed, either at next week's hearing or after Kline leaves office. "We also intend to explore any and all means of holding Kline personally responsible for his malicious actions," Monnat said.

Meanwhile, neither Kline nor his office are returning reporters phone calls.

[update]

For those jumping to this post directly, please note that a judge has already thrown out the charges against Tiller and Kline has talked to the news media. See the In This Moment post. post.

[end up update]

And to keep matters lively... Yesterday, the Kansas Governmental Ethics Commission accused Kline of breaking ethics rules, a problem that could cost him a $5,000 fine. AP reports:

The commission's notice says only that in September, Kline used or authorized the use of state computers to copy and forward e-mail addresses to "expressly advocate" his re-election. Carol Williams, the commission's executive director, declined to provide additional details.

In September, Harris News Service reported that people who signed up for e-mail updates from Kline's office about a new state law allowing Kansans to carry concealed handguns also received e-mails from his campaign's Web site.

In This Moment reported on Kline's use of his office to raise money earlier.

And finally...

We're supposed to be slowing down here. Somehow it isn't happening, at least not yet. Let us all now take time for our families.

Take care all!

"Congress shall no make no law respecting an establishment of religion"

By Nancy Jane Moore

A right-wing congressman is attacking Keith Ellison, the first Muslim elected to Congress, for planning to take the oath of office using a Quran instead of a Bible.

Actually, the attack by Virgil Goode, a Republican from Virginia, goes further than that. According to Juan Cole on Informed Comment, he said:

The Muslim representative from Minnesota was elected by the voters of that district and if American citizens don't wake up and adopt the Virgil Goode position on immigration there will likely be many more Muslims elected to office and demanding the use of the Koran . . .

This is wrong on so many levels that it's almost impossible to count them. First off -- and most obvious -- persons taking an oath who wish to use a holy book in support of that oath should obviously use a book that means something to them.

Secondly, the official oath for members of Congress uses no books at all -- they are sworn in en masse raising their right hands. Many have private ceremonies for family and supporters and use holy books at that point.

Third, Mr. Ellison isn't an immigrant. As I understand it from the NPR report this morning, his people go back in this country to the 1700s.

And most importantly, any requirement that people use a holy book from a specific religion to take an oath for public office -- or that they follow a specific religion to get elected to public office -- violates the First Amendment to the Constitution. I can't think of a more egregious attack on the words "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" than to require use of a Bible for taking public office oaths.

This is a tempest in a teapot, of course. No one is going to stop Mr. Ellison from taking office or swearing his oath as he pleases.

But it does show that there are people in this country who consider Muslims -- all Muslims -- as enemies.

And worse, it is just the kind of behavior -- like Bush's use of the word "crusade" when setting off to war -- that reinforces the idea that the US is attacking Islam.

Wikipedia has a thorough report on this controversy, if you want the facts without searching through rants on the blogosphere.

Me, I agree with Professor Cole:

So Virgil Goode should consider emigrating himself, to someplace where his sort of views might be welcome. They certainly aren't in the United States of America. And they never have been part of this country's values and principles.

Best wishes to all!

By Diane Silver

Happy Holidays to one and all.

Here at In This Moment, we're going to slow down a bit for the holidays. We will still post when the mood strikes us, but we will be going at a slower pace through the end of the year.

Some of us are celebrating Christmas, some are celebrating other holidays. Together, though, we see this as a time of peace and love, a sacred moment to pause and focus on our families.

To those of you who love what we say and agree with us 100 percent...

To those of you who scream and gnash your teeth everytime you read a post...

And, to the many who are in between...

May you all have the the brightest of seasons. May you all know love and light.

Kansas Gov. Kathleen Sebelius refuses to back Phill Kline as Johnson County DA

By Diane Silver

Gov. Kathleen Sebelius doesn't have the power to stop Phill Kline from becoming Johnson County district attorney, but in an unusual move she has refused to bless his appointment.

Sebelius has refused to sign the paper making his appointment official. However, the appointment, made by the county Republican Committee, still goes into effect.

Kline lost his effort to be re-elected as attorney general in November by a statewide landslide. In Johnson County, 65 percent voted to boot him out of office.

AP quotes Sebelius as saying that she refused to sign the paper "out of a deep and enduring respect for the will of the people."

"I do not believe such a clear majority of Kansans rejected Kline's stewardship as attorney general with the intention of seeing him continue a public career in law enforcement paid for by taxpayers," Sebelius said in a written statement.

I've watched Kansas politics for more than 20 years, and I don't remember ever hearing of a governor refusing to rubber stamp one of these county appointments. Good for you, Sebelius!

Now the question remains: When will Kansas get smart and start using special elections to fill vacated government positions?

Thoughts on Kansas Gov. Kathleen Sebelius & her latest love note from the media

By Diane Silver

First it was Time magazine, and now it's Newsweek. All in all, the national news media can't seem to get enough of our fair governor, Kathleen Sebelius.

In calling her a rising star, Newsweek says:

During her first term in office, Kansas Gov. Kathleen Sebelius so impressed the former head of the state's Republican Party that he became a Democrat in order to serve as her running mate in 2006. A pro-business, pro-military, pro-choice, fiscal conservative, Sebelius easily won re-election this fall, and has emerged as the dean of a new breed of Democrats taking over what was once reliably red terrain.

Newsweek reports that Sebelius' recent election to head the Democratic Governors Association is "fueling chatter that she would make a good vice presidential running mate in 2008."

Could be. Whatever happens, it does seem clear that unless Sebelius makes a misstep, she is destined for something far beyond Topeka, Kan.

I can't say that I'm a friend of the governor's, but I did know her when she served in the Kansas House, and I covered the Legislature for The Wichita Eagle. I know people who work directly with the governor now.

I can tell you that Sebelius is smart, hardworking and fair. She appoints smart, hardworking and fair people to work for the state.

Even before she was governor, Sebelius had an impact, most importantly as insurance commissioner. She stood up to a private company that was trying to buy Blue Cross/Blue Shield of Kansas. The results of such a sale would have been disastrous for Kansans. Sebelius rejected the company's application and made the rejection stick in court.

Unlike some in the national news media, though, I don't think Sebelius walks on water. At times she is far too timid for my taste, and I've seen her make a stumble or two.

Sebelius is making a positive difference in Kansas, though, and she could have a real impact on the national stage.

Whatever happens now, it will be fascinating to watch.

Memo to Secretary Gates: It's too late to avoid failing in Iraq

By Nancy Jane Moore

On NPR this morning, I heard new Defense Secretary Robert Gates saying that the U.S. cannot afford to fail in Iraq.

Dan Froomkin, the White House Briefing blogger for washingtonpost.com, provides the whole quote:

All of us want to find a way to bring America's sons and daughters home again. But, as the President has made clear, we simply cannot afford to fail in the Middle East. Failure in Iraq at this juncture would be a calamity that would haunt our nation, impair our credibility, and endanger Americans for decades to come.

Apparently Secretary Gates doesn't get it. We've already failed in Iraq. It's too late to prevent our mistakes there and throughout the Middle East from haunting our nation, impairing our credibility, and endangering Americans and many others for decades to come.

Mr. Secretary, you weren't hired to head the Defense Department to win the war in Iraq, or even to avoid failing in Iraq. If the people who pushed Bush to bring you in thought the war was winnable, they might have stayed with Rumsfeld.

Your job is to do whatever you can to minimize the effects of our colossal failure in Iraq. It's a virtually impossible job and it will be tough to measure any successes, since incremental improvements on disaster don't look much different from failure.

But it's a necessary job. Someone's got to pick up the pieces and you've taken up the challenge.

Please, please don't kid yourself or the country that you can snatch victory from the jaws of defeat. That will just waste time and make things worse.

Kansas: Phill Kline's office misreads opinion

By Diane Silver

Today we get news that may well chill the hearts of those of you in Johnson County. This is your soon-to-be district attorney -- good old Phill Kline -- we're talking about.

The Topeka Capital-Journal reports that Kline, Kansas' attorney general until January, made "little" goof. It was such a tiny goof that the Kansas Supreme Court Chief Justice Kay McFarland had to issue an order to set the record straight.

Attorney General Phill Kline declared victory prematurely in the case of three Topekans accused of engaging in the illegal practice of law.

...

No final decision has been rendered by the Supreme Court in the matter of David Martin Price, Rosemary Price and Janice King, all of Topeka. In fact, attorneys representing the trio and their association, Pro Se Advocates, have until Jan. 3 to challenge retired Judge Jack Lively's conclusions and recommendations contained in a report submitted to the Supreme Court.

The miscue surfaced in a statement Kline released Friday claiming the Supreme Court "declared" the three Topekans and Pro Se Advocates engaged in unauthorized legal work. In addition, the statement said, the high court "ordered" the three people and the organization to pay $6,550 in fines, legal expenses and restitution.

The court hasn't issued any such declaration or order.

Jan Lunsford, a spokesman for Kline, said the attorney general's office mistakenly believed Lively's report was final and that the case was "a win for us."

Note that the issue isn't politics, it's competency. Let's hope Kline does better when he takes over as DA for the state's most populous county.

What gay rights has to do with civil rights

By Diane Silver

Thank you, Leonard Pitts. Once again, you've made sense of what many would either obscure or deny.

Today's column really hit home. However, it isn't just because I'm a lesbian, and Pitts is arguing for gay rights. The column also hit home because I am a firm believer that all people deserve fairness and equal treatment under the law, even those who are different than I am, and yes, even those who want to destroy me.

Pitts writes:

(N)o, gay people were not kidnapped from Gay Land and sold into slavery, nor lynched by the thousands. On the other hand, they do know something about housing discrimination, they do know job discrimination, they do know murder for the sin of existence, they do know the denial of civil rights, and they do know what it is like to be used as scapegoat and bogeyman by demagogues and political opportunists.

They know enough of what I know that I can't ignore it. See, I have yet to learn how to segregate my moral concerns. It seems to me if I abhor intolerance, discrimination and hatred when they affect people who look like me, I must also abhor them when they affect people who do not. For that matter, I must abhor them even when they benefit me. Otherwise, what I claim as moral authority is really just self-interest in disguise....

I believe in moral coherence. And Rule No. 1 is: You cannot assert your own humanity, then turn right around and deny someone else's.

Amen to that.

Kansas Congresswoman Nancy Boyda vows to concentrate on service

[updated 7:45 a.m. 12-19]

Newly elected Democrat Nancy Boyda - the woman who beat the seemingly invincible Jim Ryun -- talks about the future, being new in Congress and the meaning of service in a Lawrence Journal-World interview. Here is the full transcript of the interview.

Kansas: Operation Rescue's man of the year is no a surprise

By Diane Silver

It is hardly a surprise that Operation Rescue has named outgoing Attorney General Phill Kline as its Man of the Year.

I'm sure Kline is thrilled by the award.

As for me, well ... no comment.

Kansas: Phill Kline debacle prompts another Republican to switch parties

By Diane Silver

Yet another prominent Republican has said he just can't take it anymore. Lifelong GOPer Rev. Bob Meneilly has told the KC Buzz Blog that he is bolting to the Democratic Party.

The tipping point was the Religious Right's annointing of ousted Kansas Attorney General Phill Kline as Johnson County's new district attorney.

Meneilly told the Buzz Blog that "the way they did it was kind of a slap in the face to the community."

Both Meneilly and his wife are becoming Democrats. Meneilly is in his 80's and is pastor emeritus of Village Presbyterian Church and chairman emeritus of the moderate MAINstream Coalition.

I had a chance to talk with Meneilly during the 2005 campaign to defeat the anti-marriage amendment to the Kansas Constitution. I have a lot of respect for all he has accomplished in his life. He has always stood up for what he believes.

When a couragous, principled and religious person like Meneilly leaves your party, you know you're in trouble.