In a controversial move on Thursday, Kansas lawmakers passed an anti-trans bathroom bill that critics have described as one of the most extensive in the United States. The bill, which was approved by conservative state lawmakers and vetoed by Democratic Governor Laura Kelly, defines a person's gender as their biological sex at birth. It also segregates men and women in their use of bathrooms in various settings, including athletic facilities, domestic violence shelters, rape crisis centers, jails, and prisons. The law's application in other areas remains unclear.
Despite Governor Kelly's veto, the Republican-controlled chambers of the legislature overturned her decision with a two-thirds majority vote. Governor Kelly expressed her disappointment with the outcome on Twitter, stating that she was saddened by the legislators' eagerness to pass extremist legislation that could harm Kansas's economy and reputation as the Free State.
This new law has sparked fierce debate, with some praising it for preserving traditional values, while others view it as discriminatory towards the transgender community. The situation remains fluid, with potential legal challenges and other developments on the horizon.
Republican lawmakers in Kansas have issued a statement proclaiming their support for women's rights to privacy, safety, and dignity in single-sex spaces. The statement comes after the state passed the "Women's Bill of Rights" on February 7th, which has been criticized for being one of the most extreme bills of its kind in the country.
However, the legislation lacks clarity on how it will be implemented, with Esmie Tseng, the communications director for the ACLU of Kansas, expressing concerns over its enforcement. She stated that the bill provides no mechanism or agency for enforcement, adding that the lack of clarity in the implementation of the law is a cause for concern.
Anti-trans bills have been gaining momentum across state legislatures since the beginning of the year. To date, over 400 such bills have been introduced this year alone, with at least 29 bills passed in the past three-and-a-half months, exceeding the total number passed in 2022. As the debate around gender identity continues to evolve, it remains to be seen how these laws will be enforced and impact the trans community.
Kansas lawmakers have been at the forefront of anti-trans legislation, with public schools serving as central battlegrounds. Through these laws, legislators have been able to dictate where transgender students can use the bathroom and who they can compete with in sports. However, Kansas lawmakers have taken their anti-trans policies a step further by affecting incredibly sensitive centers where survivors of domestic assault are recovering.
Patrick Miller, a political scientist at the University of Kansas, noted that over the past three election cycles, the number of conservative lawmakers in Kansas has increased, providing urgency to enact culture war policies.
Previously, Republican lawmakers in Kansas have expressed disdain for transgender people using bathrooms. Last year, Rep. Cheryl Helmer (R) singled out her colleague, Rep. Stephanie Byers (D) — then the state’s first openly transgender lawmaker — for using the women’s restroom in the Capitol. “Now, personally, I do not appreciate the huge transgender female who is now in our restrooms in the Capitol,” she said. “It is quite uncomforting.” Byers called out Helmer’s comments as “harmful for the entire transgender community — especially trans women.”
Byers, who served from 2021-2022 and did not seek reelection, said that the recent bills that target transgender rights have been “heart wounding.” “It’s always about protecting the wee little girls,” Byers said. “Trans people are not going into restrooms to sexually assault people. We are not pedophiles. The accusations are false and hurtful. It’s frightening to think of what’s ahead, as they are rushing now because end of session is approaching.”
The current wave of legislation aiming to curb transgender people’s rights began in 2016, most notably with North Carolina’s H.B. 2 — known as the “bathroom bill” — which was an emblematic early example of the culture war. The bill passed into law but was repealed in 2017 amid economic pressure. Supporters of the bills argued that they were necessary to safeguard privacy and traditional values, particularly in public schools. However, transgender students and their parents argued that being forced out of bathrooms that align with their gender identity is discriminatory and a violation of their civil rights.
The “Women’s Bill of Rights” passed in Kansas on February 7th and will take effect on July 1st. The legislation, which provides no mechanism or agency for enforcement, uses safety and privacy as its basis to define and separate people. Esmie Tseng, communications director for ACLU of Kansas, described it as “one of the most extreme bills in the (country).” Tseng said the current legislative session in Kansas has sent a clear message to trans people: “We deliberately want to erase you from all these places that everyone needs to access.” At least 400 anti-trans bills have been introduced this year, and at least 29 bills introduced in the past three-and-a-half months have become law, surpassing the total number for all such bills passed in 2022