Republicans in the Kansas Legislature have forced restrictions on bathroom use by transgender people into state law by overriding the governor’s veto.
The House voted Wednesday to override the veto of Democratic Gov. Laura Kelly, following a similar vote in the Senate Tuesday.
The new law will require government buildings, including public schools and universities, to “take every reasonable step” to segregate restrooms and locker rooms by sex.
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.
The issue has ignited passions on both sides. After the vote to override in the Senate, critical comments from the gallery caused the chamber to briefly break while staff restored order.
Supporters of the law taking effect soon, like Republican Sen. Kellie Warren, said the change focuses on the expectation of privacy in intimate spaces.
“School children, who are they going to encounter in the bathrooms at school?” Warren asked.
Republicans in the House echoed those concerns during Wednesday’s vote.
“This bill protects girls and women, the ones feminists used to claim to stand for,” Republican Rep. Carolyn Caiharr said.
Opponents of the change labeled it discrimination, including Democratic Rep. Abi Boatman, a transgender lawmaker.
“On its face, this bill obviously discriminates against transgender people in ways that make our lives exponentially more difficult and dangerous,” Boatman said.
Democratic Sen. Cindy Holscher pushed back on the idea that the change would increase safety in restrooms.
“What I hear as a response are a lot of words but not actually any numbers,” Holscher said.
“Maybe this is a culture war bill,” Holscher added.
Several legislators argued controversial laws like this one make it harder to attract businesses and economic development to the state.
They pointed to the upcoming World Cup, which will feature major teams based in the Kansas City area. Democratic Sen. Pat Pettey touted the Argentina national team activities around her district in Kansas City, Kansas.
She said the transgender restrictions risk driving away teams and the economic development they’ll bring with them.
“Kansas stands at a pivotal moment,” Pettey said. “Kansas could possibly host more teams than any other state.”
Warren rejected those arguments.
“It’s not about economic impact,” Warren said. “Yes, we need to address this.”
Twenty states have passed laws that prohibit individuals from using bathrooms that align with their gender identity in certain public spaces.
The Kansas law will include some exceptions. Children would be allowed in opposite-sex restrooms up to the age of eight, as long as a caregiver is with them. Coaches would be allowed in opposite-sex locker rooms as long as everyone is clothed.
Another part of the law enacts a longstanding goal of Republican state Attorney General Kris Kobach: banning Kansans from changing the gender marker on their state-issued driver’s licenses and birth certificates.
“It’s going to be your sex at birth,” Warren said. “That’s what we recognize in this state.”
Stephen Koranda is the managing editor for the Kansas News Service. You can email him at stephenkoranda (at) kcur (dot) org.
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