A planned satanic black mass at the Kansas capitol has spurred policy changes, allegations of theft and religious debates as state leaders scramble to address First Amendment concerns with blocking satanists from their demonstration.

Kansas Governor Laura Kelly censured the black mass in a statement March 12 and said participants weren’t allowed to demonstrate inside the capitol building.

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Catholic organizations circulated petitions and urged legislators to step in.

Rumors swirled among Statehouse circles that the Satanic Grotto’s president had stolen materials used in the Catholic sacrament of the Eucharist — an accusation bolstered by an archbishop’s lawsuit against the group’s leader.

But the satanist group hasn’t budged.

Legislative leaders went a step further Tuesday and modified the Capitol’s building and grounds policies to change assembly rights for anyone who wants to demonstrate at the Statehouse — not just the Satanic Grotto.

The policy changes add three contingencies to the public’s use of common areas in the Statehouse and capitol grounds:

• Organizations and individuals will not be permitted to “meet or gather when participation is limited or restricted on the basis of race, color, religion, sex, age, handicap, cultural heritage or national origin or ancestry.”
• People cannot gather if an individual has made a threat verified by state law enforcement “against the governor, a member of the Legislature or other public official.”
• People cannot gather if a group or member of a group “has stated explicitly that the meeting or gathering will involve a violation of law.”

The Legislative Coordinating Council, which consists of Republican and Democratic leadership, passed the changes unanimously at a meeting Tuesday following a letter from Kansas Attorney General Kris Kobach. The legislative leaders called on the governor to use the Kansas Highway Patrol to prevent the black mass from occurring as scheduled on March 28.

“The Governor’s Office is reviewing actions from the Legislative Coordinating Council,” said Grace Hoge, a spokesperson for the governor.

Senate President Ty Masterson acknowledged in a statement that the First Amendment protects assembly and speech, including offensive speech.

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“However, the First Amendment does not protect criminal conduct,” he said. “Recent statements from an organization — which pledged to engage in such conduct — necessitated a thoughtful review of policies to ensure the safety of all those visiting our State Capitol.”

Masterson was referring to alleged criminal conduct in a civil lawsuit against Michael Stewart, the president of the Satanic Grotto. Masterson also said lawmakers sent to the director of the Kansas Bureau of Investigation writings from Satanic Grotto members threatening legislators. It is unclear how current those writings were.

In a 44-page complaint filed Friday in Leavenworth County District Court, Kansas City, Kansas, Archbishop Joseph Naumann alleged that members of the Satanic Grotto, including Stewart and the Grotto’s vice president, stole consecrated hosts to use during the black mass. The allegation was based on phone conversations and posts on Reddit linked to Stewart’s username, “xsimon666x.”

In an interview Tuesday, Stewart denied the allegations and added that no one asked what consecration means to him.

“I find it very entertaining that he is convinced that I have Jesus trapped in a cracker and he would take it to court,” Stewart said.

He said his religion contains its own consecration rituals and that the Catholic Church has made “a lot of assumptions” about his religion. The satanic ritual of a black mass intentionally upends and mocks the ritual of a Catholic mass, often including a consecrated host. The Satanic Grotto is a nonprofit organization and is not affiliated with the recognized religion, the Satanic Temple.

Naumann, who plans at the same time as the planned black mass to preside over a holy hour and Catholic mass at the Assumption Church across the street from the Statehouse, said in the lawsuit the performance of a black mass directly harms the Catholic Church and Catholics across Kansas and the country.

“It is the conviction of the Catholic Church presented in its doctrinal teachings that the Consecrated Hosts and Wine are in fact the body, blood, soul and divinity of Jesus Christ, present under the form of bread and wine,” the lawsuit read.

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Catholic teachings outline specific rituals for the handling of sacramental objects. The suit alleges Stewart and his vice president aren’t qualified to handle such objects.

Naumann provided no evidence to show that archdiocesan property had been stolen.

Stewart said he “would think this whole thing was hilarious” if it weren’t for the Legislature changing state policy to address a single event.

“I think it’s because they’re afraid,” Stewart said.

Naumann demanded the lawsuit be resolved through a civil jury trial. An evidentiary hearing is scheduled for Thursday. No criminal charges had been filed against Stewart or other members of the Satanic Grotto as of Tuesday afternoon, according to court records.

The Satanic Grotto has changed its plans in response to Kelly’s decree and intends to demonstrate outside, as she prescribed, with the expectation that Catholic groups will be there to counter-protest. Stewart initially promised to enter the building, defying the governor in “a peaceful act of civil disobedience.”

Even with the policy changes, the lawsuit, which Stewart expects will be thrown out, and a statement from legislators condemning the event, Stewart is resolute.

“I will go to the capitol on March 28,” he said.

The House Federal and State Affairs Committee held an impromptu hearing Tuesday on House Resolution 6016, which denounces the planned event as “a despicable, blasphemous and offensive sacrilege to not only Catholics but all people of goodwill.”

The hearing, which only included testimony from the resolution’s supporters, also provoked discussions over legislators’ religious beliefs and whether lawmakers were considering First Amendment protections.

Representative Dan Osman, an Overland Park Democrat, attributed the proponent-only testimony to the fact that the committee met outside of its scheduled time and parties were given less than 24 hours of notice to participate. He wanted to discuss the resolution at a later date, but a majority of committee members voted to advance it.

Osman called the resolution “shortsighted” because no one knows what will happen March 28.

Other legislators questioned why they were spending time and resources to give the Satanic Grotto attention. Some supported the resolution as a way to stand up to the planned black mass and what some saw as anti-Catholic bigotry. Others voted against it to avoid treating one religion differently than others.

The resolution is not law and has no legal teeth.