In a move that has sparked significant controversy, the state of Kansas has recently enacted a law that will reverse gender markers on transgender individuals’ birth certificates and driving licenses. Referred to as Senate Bill 180, this legislation, set to take effect from July 1st, will legally erase the gender identities of trans people. Despite the veto issued by Democratic governor Laura Kelly in April, the Republican-controlled legislature pushed the bill into law, disregarding concerns raised by the LGBTQ+ community.
Under this new law, public schools in Kansas will be required to record students based on the gender assigned to them at birth, irrespective of their actual gender identity as recognized by teachers and staff. This measure, which the Kansas Senate has labeled as a “women’s bill of rights,” narrowly defines “sex” as being either male or female at birth, without accounting for individuals who identify as transgender, non-binary, gender fluid, or gender-non-conforming.
Furthermore, this legislation compels transgender individuals to use restrooms and other single-sex spaces that align with the gender they were assigned at birth, disregarding their true gender identity. Republican representative Brenda Landwehr, who supported the bill, argued that it would serve to “protect women’s spaces currently reserved for women and men’s spaces currently reserved for men.”
Senator Renee Erickson, during a news conference held alongside Kansas Attorney General Kris Kobach, expressed her views on the matter, stating, “You can choose whatever name you want. You can choose to live however you want. That does not make you a woman.” This sentiment, shared by lawmakers who supported the bill, underscores the lack of understanding and empathy towards transgender individuals.
Critics have expressed deep concerns over the detrimental impact of this law. Micah Kubic, the executive director of the American Civil Liberties Union of Kansas, accused Kobach of imposing his extreme views, highlighting that state agencies are not obligated to adopt the attorney general’s stance. Trans activist and journalist Erin Reed, whose partner is trans Montana lawmaker Zooey Zephyr, warned of the disastrous consequences that could arise from enforcing incorrect gender markers, potentially leading to heightened harassment and abuse against transgender individuals.
The enactment of Senate Bill 180 follows a 2019 court ruling that mandated Kansas to allow transgender people to change their birth certificates, settling a lawsuit challenging the previous no-change policy. However, with the implementation of SB 180, this 2019 order would be reversed. Reed commented, “The calculated maneuver of redefining sex to systematically exclude transgender individuals is an attempt to sidestep legal challenges. These laws represent a clear attempt to move beyond targeting transgender youth and the beginning of the campaign to eradicate transgender adults from all legal protections.”
Kansas’ adoption of this law aligns with a concerning trend across the United States, where anti-LGBTQ+ legislation is gaining traction. Idaho’s governor, Brad Little, recently signed a law imposing restrictions on transgender students’ restroom and changing room usage, including fines of up to $5,000 for each person of the “opposite sex” found in single-sex facilities. These actions are part of a broader landscape of over 460 anti-LGBTQ+ bills tracked by the Human Rights Campaign in 2023, with numerous proposals aimed at banning or limiting gender-affirming care for young people.
In the face of these disheartening developments, advocates for transgender rights continue to push back, asserting that such legislation undermines the rights and well-being of a vulnerable community. The struggle for equality and inclusion persists as activists and organizations work tirelessly to combat these regressive measures and safeguard the rights of transgender individuals across the nation.
