Transgender activist Samantha Boucher deliberately violated a newly enacted Kansas law criminalizing the use of bathrooms or other facilities that do not align with a person’s sex assigned at birth.
The founder and executive director of the national nonprofit Trans Liberty, Boucher opposes the law, which took effect after Republican lawmakers overrode a veto by Democratic Gov. Laura Kelly.
Boucher told the Kansas Reflector she came to Kansas on March 31, Trans Day of Visibility, because “no single bill in American history has ever been as aggressive toward the trans community as SB 244,” referring to the law by its legislative designation.
The law not only restricts bathroom use for transgender people but also requires all state IDs to carry a gender marker reflecting a person’s sex assigned at birth. Since its passage, Kansas has retroactively invalidated the driver’s licenses of anyone whose gender marker does not comply. Individuals found with an invalid license or other identity document can be prosecuted and face penalties.
In response, Trans Liberty has advised transgender Kansans to leave the state and launched “Operation Lifeboat,” an initiative providing cash assistance to help residents relocate to states with more supportive policies.
Boucher has argued there is confusion over how the law will be enforced and has sought to test its limits, noting that it allows people who object to transgender individuals in opposite-sex bathrooms to sue those they believe are in violation.
Under the law, a first violation results in a warning, a second carries a $1,000 civil penalty, and subsequent offenses can be prosecuted as misdemeanors punishable by up to six months in jail. However, it remains unclear whether enforcement requires a formal complaint.
Boucher encountered Gov. Kelly in the Kansas State Capitol rotunda, thanked her for vetoing the legislation, and said she intended to violate the law to test how the so-called “bathroom ban” would be enforced.
“I am very sorry that you and others have been put in this situation,” said Kelly.
“And now, we will see if the attorney general chooses to enforce the law,” Boucher replied.
Upon entering the Capitol, Boucher told Capitol Police that she intended to use the bathroom in violation of the law. Police told her they are not responsible for enforcing the civil provisions and would notify the Kansas Department of Administration, which oversees the Capitol building.
At Boucher’s request, Kansas Highway Patrol Lt. Grady Walker followed her to the bathroom, filmed her entering and exiting three times — using it on the first occasion — and questioned her privately afterward.
Walker later told reporters he was treating the violation as a criminal investigation, saying, “We will not be able to discuss or disclose any information about this investigation until it’s concluded, but she is free to leave at this time.”
Samir Arif, a spokesman for the Kansas Department of Administration, told the Reflector that as of 4 p.m. on March 31 the agency had not received any complaints about Boucher’s use of the restroom. He declined to answer follow-up questions about how the law is enforced, who must file a complaint to trigger enforcement, or whether there is a deadline to do so.
Under the law, the attorney general’s office is responsible for prosecuting violations but must first give government entities notice and an opportunity to remedy any alleged violations before they can be fined for failing to enforce the bathroom restrictions.
The law is currently being challenged in court. A judge previously denied an emergency request from the American Civil Liberties Union to block enforcement, and the ACLU is continuing to seek an injunction. The court is not scheduled to hear arguments until September 29.
Boucher told Topeka-based NBC affiliate KSNT she hopes to shine a light on flaws in the law and prevent other states from adopting similar measures.
“This is unprecedented, and it cannot be allowed to stand because the domino effect that it’s going to have across the country is going to be profound,” she said.
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