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Gay rights leader: Brownback’s order is ‘power grab’

TOPEKA, Kan. (AP) — The executive director of the leading gay rights group in Kansas is calling Republican Gov. Sam Brownback’s recent executive order on same-sex marriage an “unconstitutional power grab.”

Tom Witt of Equality Kansas issued a lengthy statement Thursday criticizing the order Brownback issued to protect clergy, churches and religious groups from state sanctions for refusing to participate in same-sex weddings or provide goods, services or accommodations for them.

The order covers religious groups with state contracts to provide social services. Its definition of state government includes “political subdivisions.”

Witt said that language applies the order to cities, counties, school districts and other local governments. Witt said Brownback declared himself their “supreme ruler” and is allowing them to refuse to recognize legal same-sex marriages.

Kansas Gov. Sam Brownback’s chief spokeswoman says his recent executive order on same-sex marriage does not apply to local governments.

Brownback spokeswoman Eileen Hawley issued a statement Thursday in response to criticism from a gay rights leader.

The order this week protects clergy, churches and religious groups that refuse to participate in same-sex weddings or provide goods, services or accommodations for them. The order says state agencies and political subdivisions shall not punish them for acting on their opposition to gay marriage.

Equality Kansas Executive Director Tom Witt said cities, counties, school districts and other local governments fall under the definition of political subdivisions. An American Civil Liberties Union attorney agreed.

But Hawley said the order applies only to agencies and subdivisions over which the governor has legal authority.

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