Bill > HB2320

Introduced Session

AN ACT concerning marriage; enacting the marriage and constitution 2 restoration act. 3 4 WHEREAS, Civilizations for millennia have defined marriage as a 5 union between a man and a woman; and 6 WHEREAS, The United States is a constitutional republic that the state 7 of Kansas is a part of; and 8 WHEREAS, The doctrine of preemption prohibits the state of Kansas 9 from making or enforcing policies that violate the constitution of the 10 United States; and 11 WHEREAS, All state senators and representatives and all executive 12 and judicial officers are bound by oath or affirmation pursuant to article VI 13 of the constitution of the United States to not enforce, respect, favor or 14 endorse policies that violate the free exercise clause or the establishment 15 clause of the 1st amendment of the constitution of the United States, 16 regardless of what political party they are affiliated with; and 17 WHEREAS, The 1st amendment of the constitution of the United States 18 applies to the state of Kansas though the 14th amendment of the 19 constitution of the United States; and 20 WHEREAS, The constitution of the United States is not silent as to 21 how the states must legally define marriage, as acknowledged by the 22 United States supreme court; and 23 WHEREAS, The establishment clause of the 1st amendment of the 24 constitution of the United States, balanced with the free exercise clause of 25 the 1st amendment of the constitution of the United States, has exclusive 26 jurisdiction in informing the state of Kansas how to respond to marriage 27 requests of all kinds that do not involve a man and a woman and how the 28 state must react to all self-asserted, sex-based identity narratives that are 29 questionably real, moral and have a tendency to erode community 30 standards of decency; and 31 WHEREAS, All religion amounts to is a set of unproven answers to the 32 greater questions like "Why are we here?" and "What should we be doing 33 as humans?"; and 34 WHEREAS, The establishment clause of the 1st amendment of the 35 constitution of the United States was never solely designed to prohibit the government from only respecting and recognizing the doctrines of institutionalized religions, but of non-institutionalized religions, like secular humanism, as well; and WHEREAS, The sworn testimonies of ex-gays, medical experts, persecuted Christians and licensed ministers demonstrate that there is no real proof that a gay gene exists, that the idea that sexual orientation is predicated on immutability is not proven and that sexual orientation is a mythology, dogma, doctrine or orthodoxy that is inseparably linked to the religion of secular humanism; and WHEREAS, The United States supreme court found that secular humanism is a religion for the purpose of the establishment clause of the 1st amendment of the constitution of the United States in Torcaso v. Watkins, 367 U.S. 488 (1961), stating "among religions in this country which do not teach what would generally be considered a belief in the existence of God are Buddhism, Taoism, Ethical Culture, Secular Humanism and others"; and WHEREAS, Most of the federal courts of appeals have acknowledged that secular humanism is a religion in cases such as Malnak v. Yogi, 592 F.2d 197, 200-15 (3d Cir.1979), Theriault v. Silber, 547 F.2d 1279, 1281 (5th Cir.1977), Thomas v. Review Bd., 450 U.S. 707, 714, 101 S.Ct. 1425, 67 L.Ed.2d 624 (1981), Lindell v. McCallum, 352 F.3d 1107, 1110 (7th Cir.2003), Real Alternatives, Inc. v. Sec'y of Dep't of Health and Human Servs., 150 F.Supp.3d 419 (3d Cir. Aug. 4, 2017), and Wells v. City and County of Denver, 257 F.3d 1132, 1148 (10th Cir. 2001); and WHEREAS, Secular humanism is also commonly referred to as postmodern western individualistic moral relativism, expressive individualism, and by other names and is centered on the unproven idea that there are no moral absolutes; and WHEREAS, The lesbian, gay, bisexual, transgender and questioning (LGBTQ) community is organized, full and has a daily code by which members may guide their daily lives, which makes it a denominational sect that is inseparably part of the religion of secular humanism; and WHEREAS, Instead of having a cross, the ten commandments icon, or star and crescent, the LGBTQ secular humanist community has the gay pride rainbow colored flag to symbolize its faith-based worldview; and WHEREAS, The ideas that "a person is born homosexual," or that "a person can be born in the wrong body," or that "a person can come out of an invisible closet and be baptized gay," or that "to disagree with homosexual orthodoxy premises makes you a bigot" are a series of unproven faith-based assumptions and naked assertions that are implicitly religious and inseparably linked to the religion of secular humanism; and WHEREAS, The government's endorsement of LGBTQ ideology has amounted to the greatest sham since the inception of American jurisprudence; and WHEREAS, In the wake of the government's endorsement of LGBTQ ideology, the government's endorsement of LGBTQ secular humanism has not been about "tolerance," but "dominance"; and WHEREAS, In the wake of the government's endorsement of LGBTQ ideology, many citizens who object to the government's endorsement of LGBTQ secular humanism is not based on "bigotry," but on "biology"; and WHEREAS, In the wake of the government's endorsement of LGBTQ ideology, when a secular humanist says that "love is love," what they really mean is that they are amenable to government assets being used to oppress and marginalize anyone who disagrees with their beliefs, which is a position that is categorically "unloving"; and WHEREAS, In the wake of the government's endorsement of LGBTQ ideology, we have learned that people who are "intolerant" of "intolerant people" are "intolerant," people who are "judgmental" against "judgmental people" are "judgmental," and people who are "dogmatic" about not "being dogmatic" are "dogmatic"; and WHEREAS, In the wake of the government's entanglement with LGBTQ secular humanism, there has not been a land rush on gay marriage, but there has been a land rush by many secular humanists to persecute many non-observers of the religion of secular humanism; and WHEREAS, In the wake of the government's endorsement of LGBTQ secular humanism, there has not been a land rush on gay marriage but there has been a land rush by many secular humanists to infiltrate public schools and public libraries with the intent to indoctrinate and proselytize minors to their religious worldview on faith, morality, sex and marriage with the government's stamp of approval; and WHEREAS, There are no ex-blacks but there are thousands of ex-gays; and WHEREAS, Skin-tone is genetic and sexual orientation is faith-based; and WHEREAS, Those who seek to end the government's unconstitutional entanglement with the LGBTQ secular humanist religion are defending the integrity of the civil rights movement lead by Dr. Martin Luther King Jr. from an emotional ploy and an unprincipled misapplication of the 14th amendment of the constitution of the United States; and WHEREAS, For any person to suggest that the homosexual civil rights movement, which is not based on immutability or genetics, is equal to the race-based civil rights movement, which was actually based on immutability and genetics, has engaged in an act of fraud and racial animus in-kind that is intellectually, emotionally, sexually and racially exploitative; and WHEREAS, People of color at one point in this country had to ride on the back of the bus, walk to school and drink from colored water fountains, and for anyone to equate the race-based civil rights plight to the goal of many secular humanists to entangle the government with their religion is a per se act of racial animus that is deeply offensive to many people in the state of Kansas; and WHEREAS, Parody marriages have never been a part of American tradition and heritage and have nothing to do with the substantive due process clause of the 14th amendment of the constitution of the United States; and WHEREAS, It is a long-standing government principle that emotional appeals or sincerity of belief do not allow the state of Kansas to usurp the establishment clause of the 1st amendment of the constitution of the United States or for devout secular humanists to entangle our government with LGBTQ secular humanism; and WHEREAS, The history of parody marriages is that most forms were illegal until recently or they remain illegal today, and they continue to erode community standards of decency; and WHEREAS, All forms of parody marriage equally erode community standards of decency; and WHEREAS, The state of Kansas has a compelling interest to uphold community standards of decency as set forth under the constitution of the state of Kansas and in accordance with the findings of the United States supreme court; and WHEREAS, Community standards of decency do not evolve, but people can become desensitized; and WHEREAS, The enforcement of marriage policies between a man and a woman do not erode community standards of decency and fulfill a series of compelling state interest; and WHEREAS, Individuals who legally marry in the state of Kansas are entitled to a constellation of benefits funded by the taxpayers; and WHEREAS, There are many taxpayers in the state of Kansas who sincerely believe that all forms of marriage that do not involve a man and a woman are immoral and that for their tax dollars to be appropriated to enable immorality is itself an act of immorality that causes them to violate their conscience by the simple act of paying taxes; and WHEREAS, Marriage between a man and a woman arose out of the nature of things, and marriage between a man and a woman is natural, neutral and non-controversial, unlike parody forms of marriage that do not involve a man and a woman; and WHEREAS, Marriage policies that endorse marriage between a man and a woman are secular in nature for purposes of the establishment clause of the 1st amendment of the constitution of the United States, insofar as the policies accomplish their purpose, fulfill a compelling state interest and do not put religion over non-religion in their making and in their enforcement, unlike parody marriage policies; and WHEREAS, The legislative branch may sever as a check on the judicial and executive branches; and WHEREAS, The decision in Obergefell v. Hodges, 135 S.Ct. 2584 (2015) was called an "egotistic judicial putsch" that causes secular humanists in office to constitute "a threat to American Democracy" by dissenting supreme court justices; and WHEREAS, Stare decisis does not keep Obergefell v. Hodges,135 S.Ct. 2584 (2015) from being overruled, because stare decisis is at its weakest when the court is asked to interpret the constitution of the United States, and because questions which merely lurk in the record, neither brought to attention of the court nor ruled upon, are not to be considered as having been so decided as to constitute precedents; and WHEREAS, The question whether the establishment clause of the 1st amendment of the constitution of the United States has exclusive jurisdiction over informing the states as to which marriages they can legally recognize was lurking in the shadows but was undecided upon by the court in Obergefell v. Hodges, 135 S.Ct. 2584 (2015). Now, therefore:

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Committee Categories

Randy Garber (R)*,  Owen Donohoe (R),  David French (R),  Cheryl Helmer (R),  Ronald Highland (R),  Steve Huebert (R),  Bill Rhiley (R), 

House Died in Committee (on 05/21/2020)

Official Document