On Thursday, Kansas became the first state to enact a sweeping transgender bathroom ban, barring transgender and intersex women from using female-specific spaces such as restrooms, locker rooms, and rape crisis centers. The law also applies to athletics, prison facilities, and domestic violence shelters. It classifies people with developmental differences, including those who are intersex, as disabled, and they would have their own separate facilities under the Americans with Disabilities Act, a classification that disability rights and equality rights advocates have called offensive.
The legislation, Senate Bill 180, was resurrected by the Kansas Legislature, which narrowly overturned Gov. Laura Kelly’s veto over two days. The House voted 84-40 to overrule the veto, with Republicans justifying the law by claiming that women’s rights are at risk of being usurped by transgender or nonbinary individuals. However, none of them could point to any evidence of this happening in Kansas.
Opponents of the bill, including several female legislators, argued that it is discriminatory and violates the rights of transgender and intersex individuals. They also expressed concern that the legislation would escalate male harassment toward women and girls in gender-specific spaces. Kelly’s administration warned that enactment of the legislation could put federal funding for multiple Kansas state agency programs that focus on women and girls at risk, including domestic violence and sexual assault grants governed by federal guidelines that prohibit discrimination based on gender identity.
The language of the bill reminded some lawmakers of prejudiced arguments for segregation made in the 1960s. “It’s the same sayings,” said Rep. John Alcala, a Topeka Democrat. “I don’t want you in my bathroom, I don’t want you drinking out of my water fountain. I don’t want you over at my house. I don’t want my kid hanging out with you.”
The Kansas bathroom ban is one of several bills targeting the transgender population that Republicans have sought to enact or override Gov. Kelly’s vetoes. While supporters claim that the law protects women’s rights and safety, opponents argue that it discriminates against transgender and intersex individuals and could put vulnerable populations at risk.