Kansas Republicans overrode a veto from Gov. Laura Kelly to pass a law that creates criminal penalties if transgender Kansans use certain bathrooms too many times.
Kansans must use bathrooms, locker rooms and similar facilities based on their sex at birth. The ban only applies in government buildings, which includes public schools and universities. A first mistake gets a warning, a second mistake involves a $1,000 fine and a third mistake leads to a misdemeanor charge.
The law also requires driver’s licenses and birth certificates to have a person’s gender at birth. Transgender Kansans who already changed their gender on these documents would get new documents switching back to their original gender.
Republicans pushed for the bill based on unfounded conspiracy theories. They argued that police couldn’t catch criminals if their gender was switched on a driver’s license. They said that passing the law codifies social norms.
“We have an issue here in Kansas,” said Sen. Kellie Warren, a Johnson County Republican. “Schoolchildren, who are they going to encounter in the bathrooms at school? Why should school-aged kids of one sex be subjected to looking at the opposite sex in a state of undress?”
Transgender Kansans are no more likely to sexually assault someone than any other citizen. In fact, transgender people are four times more likely to be victims of violent crime such as rape or assault, according to the Williams Institute at the University of California Los Angeles School of Law.
Kelly vetoed the bill, saying it was poorly written and too broad. The law says multiuse spaces where someone can be found in a state of undress should be limited to one sex only. Kelly said that means brothers couldn’t visit their sister’s dorm rooms at public universities.
Democrats also said transgender Kansans might not look like their gender at birth. Transgender men could have large beards but are now forced to use the women’s bathroom — creating the exact problem Republicans wanted to stop.
The law had overwhelming amounts of opponent testimony while it was being debated. It could have gained more criticism, but Republicans pushed through portions of the bill without public comment.
House Republicans also used a procedural motion to cut the debate short when voting on the override.
Democrats were frustrated by the lack of input.
The bill passed with a few votes to spare in each chamber, though Democrats are optimistic the law won’t survive a court battle.
“Thank God for the Constitution and the courts because this battle is not over,” said Rep. Lindsay Vaughn, a Johnson County Democrat. “To the majority party, shame on you. Shame on you for this bigoted, discriminatory bill. Shame on you for silencing us and for silencing Kansans.”
