Equality Kansas endorsement draws new divide in Democratic gubernatorial primary

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A new wedge is opening up in the Kansas Democratic primary for governor after the state’s leading LGBT advocacy group backed state Sen. Laura Kelly.

Even as Democrats Josh Svaty and Carl Brewer have spoken passionately on the campaign trail about standing up for the rights of lesbian, gay, bisexual and transgender Kansans, it wasn’t enough to earn them the endorsement of Equality Kansas in the primary.

The group, with more than 2,000 members statewide, cited Kelly’s 100 percent voting record in support of LGBT issues as well as her advocacy on those matters in legislative committees and on the Senate floor.

“This was a tough call that was discussed a lot,” said Tom Witt, executive director of Equality Kansas.

The endorsement could stand to be important in the Democratic primary, especially in the Kansas City area where Sharice Davids is seeking to become the first openly gay member of the Kansas congressional delegation.

“It is very possible (Davids) will mobilize more voters than normal to come out and vote in the Democratic primary and, obviously, Laura Kelly would love to be the recipient of that,” said Washburn University political scientist Bob Beatty.

Kelly won praise for opposing a ban on same-sex marriage soon after starting her first term in the Senate in 2005.

Equality Kansas also noted that Kelly’s running mate – Sen. Lynn Rogers – led the opposition to the faith-based adoption bill in the state Senate this year.

As a member of the Wichita school board, Rogers pushed for the adoption of polices establishing sexual orientation as a protected class.

Equality Kansas opted against endorsing Svaty or Brewer even though both scored 100 percent on the group’s questionnaire and have been vocal advocates for LGBT rights.

Josh Svaty

Svaty, for instance, has repeatedly said his first priority as governor would be to sign an executive order protecting LGBT state employees from discrimination.

Three years ago, then-Gov. Sam Brownback rescinded those protections that were put into place by former Democratic Gov. Kathleen Sebelius.

Svaty also has agreed to go a step further and ask the Legislature to write those protections into state law so they couldn’t be unilaterally removed by a governor.

Brewer agrees with the Svaty on the issue, too, and has said he wouldn’t tolerate discrimination in his administration.

However, Equality Kansas takes issues with Svaty and Brewer’s record in public office.

The group says Svaty’s record on LGBT issues in the Kansas House was mixed, pointing out that he voted against the same-sex marriage ban that voters ultimately approved in 2005 but voted for one a year earlier.

In 2004, Svaty voted for the constitutional amendment defining marriage as between a man and a woman, a vote he now says made him uncomfortable and taught him an important life lesson.

Later that session, Svaty voted against another variation of that bill that banned same-sex marriage but would have recognized civil unions.

At a candidate forum last month, Svaty talked about his 2004 votes when he was asked to recount a pivotal moment early in life and what advice would he give himself now.

He was 23 at the time and representing a rural western Kansas district. Party leaders told him it would be political suicide if he didn’t vote for the constitutional amendment banning same-sex marriage.

He regretted the vote almost immediately.

“I was just sick to my stomach, it just doesn’t feel right to me,” Svaty told a Wyandotte County audience last month.

“But I was young and it was very early in my legislative career and I didn’t know any better and so I did what the party told me to do.”

Svaty said he and eight other legislators flipped their votes when the amendment came back to the House later in the session and failed. Ultimately, the amendment went on the ballot in 2005. Svaty voted against the measure.

He later went on and earned the group’s endorsement when he ran for re-election in 2006.

“I learned a huge lesson,” Svaty said. “Sticking to what your gut says is right. I should have done it from the very first time, but at least I was there to be able to stop it that time.”

Here’s a video from that forum where Svaty addressed the issue. Svaty’s remarks on his  same-sex marriage votes begin at about the 49 minute mark.

Equality Kansas, meanwhile, said Brewer as the mayor of Wichita did not act on the group’s request for a non-discrimination ordinance covering sexual orientation and gender identity.

The group’s Wichita chapter made a request in 2010 privately and then made a public presentation to the mayor and city council in 2012.

“Brewer did not act on either request, telling local media in 2012 he believed Wichita didn’t need such an ordinance,” Equality Kansas said in its endorsement.

Carl Brewer

As he’s done during the campaign, Brewer stressed his commitment to LGBT rights and his opposition to any kind of discrimination.

“As an African American born in the 1950s, I have known discrimination first hand and would never allow it to continue,” Brewer said in a statement.

“I know what it feels like to be turned away from an ambulance ride to a hospital after an accident because of a ‘whites only’ policy.”

He pointed out he was one of the first students to desegregate Hadley Middle School in the Wichita Public School system. “We had an armed guard to escort myself and other African American students and protect us from physical threats as we entered the school.”

He added, “I will not stand for discrimination against anyone in this state, whether because of race, gender, sexual orientation or identity, religion, national origin or any other unjust reason.”