
Kansas lawmakers have passed a sweeping anti-trans bill that restricts which public restrooms and locker rooms transgender people may use.
The bill requires driver’s licenses and birth certificates to reflect a person’s assigned sex at birth and defines “gender” under Kansas law as biological sex determined at birth, including chromosomes, hormones, gonads, and internal and external genitalia.
Under the bill, Kansans would be barred from amending the gender marker on their original birth certificate, and driver’s licenses could only display a gender marker that aligns with a person’s assigned sex at birth, reports Topeka-based CBS affiliate WIBW.
The bill also directs state officials to invalidate any driver’s licenses that do not list a gender marker aligning with a person’s assigned sex at birth and to reissue licenses with the “correct” gender marker.
Last year, the Kansas Court of Appeals struck down a nearly identical 2023 law that required driver’s licenses to reflect a person’s assigned sex at birth.
As the original House measure was being debated, Republicans used a procedural maneuver known as “gut and go” — placing the contents of a House bill into a previously approved Senate bill — to add restrictions on which restrooms, locker rooms, or changing facilities transgender people may use in public buildings, reports the Kansas Reflector.
Under the restroom ban, Kansans would only be permitted to access facilities that match their assigned sex at birth. The measure does not prevent public buildings from offering gender-neutral, single-user restrooms or family restrooms.
Democrats objected to the procedural maneuver used to add the restroom ban, particularly after being told the Senate would not hold a hearing on the revised bill before voting on the House-added language, citing that process as justification for opposing the bill.
Supporters argue that official documents are intended to record a person’s biological gender and that the state has an interest in ensuring those records carry the “correct” gender marker. They also justify the restroom restrictions as necessary to protect the privacy of women and girls in public, multi-user restrooms.
“[Cisgender females] deserve environments that respect those boundaries without forcing them to negotiate privacy in moments when they should not have to,” said State Rep. Megan Steele (R-Manhattan).
Opponents argue that the bill is discriminatory, singles out transgender people for disparate treatment, and refuses to recognize their identities as valid.
“Trans Kansans are not a threat to anyone,” Rep. Tobias Schlingensiepen (D-Topeka) said, according to WIBW. “There are a lot of people in Kansas who will be emboldened by this kind of legislation and other kinds of legislation to harass transgender people.”
The measure passed the Republican-dominated House by an 87-36 vote following six hours of debate, before clearing the Republican-controlled Senate, 30-9.
The bill now heads to Democratic Gov. Laura Kelly. It remains unclear whether Kelly, who has vetoed anti-transgender legislation in past years, will veto it or allow it to become law without her signature, given that lawmakers may have enough votes to override a veto.
The LGBTQ media advocacy group GLAAD condemned passage of the bill, noting that it includes criminal penalties for governments, school districts, and public universities that fail to enforce the restroom ban, as well as for individuals who violate the ban by using gender-affirming restrooms.
“Transgender people, like all of us, deserve the dignity to be themselves and to be safe to go about their daily lives without harassment,” Sarah Kate Ellis, the president and CEO of GLAAD, said. “Elected officials should start listening to the people and stop playing dangerous games with people’s lives.”
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