Kansas Governor Laura Kelly vetoed a bill on Friday that would restrict restroom and locker room access in government buildings—including public schools and universities—to align with the sex assigned at birth. The bill, passed by the Republican-dominated state House and Senate with more than two-thirds support in each chamber, could be overridden by lawmakers.
Legislative Action and Opposition
Governor Kelly stated the legislation was “poorly drafted” and could have unintended consequences. She believes the legislature should focus on affordability for Kansans rather than regulating bathroom access. Republican House Speaker Dan Hawkins countered that the Governor was prioritizing “her most radical supporters” at the expense of women and girls in the state.
The bill would require government buildings to “take every reasonable step” to segregate facilities by sex. Individuals found in violation could face fines of $1,000, lawsuits, or criminal charges for repeated offenses. Exceptions exist for children under eight accompanied by a caregiver, and for coaches in locker rooms when all individuals are clothed.
Procedural Concerns and Additional Provisions
Republican lawmakers utilized a legislative maneuver known as “gut and go” – replacing the contents of one bill with another – to add the bathroom provisions without public comment. Republican Rep. Susan Humphries, chair of the committee where the bill was introduced, stated that lawmakers had ample time to debate the policy during a six-hour floor debate.
The bill too includes a provision enacting a long-standing goal of Republican Attorney General Kris Kobach: banning changes to the gender marker on Kansas driver’s licenses and birth certificates. City and county officials have expressed concerns that the bathroom policy lacks clarity regarding enforcement and could incur significant costs for local governments.
Broader Context
This bill is the latest in a series of Republican-led legislative efforts impacting transgender and gender nonconforming Kansans. Last year, the legislature overrode a veto to ban gender-affirming care for minors, a law currently facing a legal challenge. Democratic Rep. Abi Boatman, a transgender woman, voiced concerns during debate that the bill targets the freedoms of transgender Kansans.
Frequently Asked Questions
What does the bill require of government buildings?
The bill requires government buildings, including public schools and universities, to “take every reasonable step” to segregate restrooms and locker rooms by sex.
What are the potential penalties for violating the bill?
Individuals could be fined or sued for $1,000 and criminally charged for repeatedly being accused of using facilities that don’t match the sex they were assigned at birth.
What other changes are included in the bill?
The bill also bans Kansans from changing the gender marker on their state-issued driver’s licenses and birth certificates.
As the bill returns to the legislature, it remains to be seen whether supporters will successfully override Governor Kelly’s veto and enact the controversial measure into law.
