Kansas Gov. Laura Kelly vetoes anti-trans 'bathroom bounty' bill

Kansas Gov. Laura Kelly has vetoed what LGBTQ+ advocates are calling an anti-transgender “bathroom bounty” bill.

Kelly, a Democrat in a heavily Republican state, Friday vetoed Senate Bill 244, passed by legislators in January along party lines, Republicans for, Democrats against. It would have required trans people to restrooms and other single-sex facilities in government buildings according to their sex assigned at birth, not their gender identity. It further would have required the state to reissue any driver’s licenses or birth certificates that reflected a trans person’s gender identity, replacing that gender marker with one for the sex assigned at birth. It further would have banned multi-occupancy gender-neutral restrooms in government buildings.

It would have imposed a fine on individuals of $1,000 for a second violation of the law and would allow those “aggrieved” by the presence of a trans person to sue for damages of $1,000 or the amount of actual damages. The government entity would be fined $25,000 for the first violation and $125,000 for any subsequent violation. The lawsuit provision is not limited to government buildings.

In her veto message, Kelly called the bill “poorly drafted.”

“This poorly drafted bill will have numerous and significant consequences far beyond the intent to limit the right for trans people to use the appropriate bathroom,” she wrote. “Under this bill: If your grandfather is in a nursing home in a shared room, as a granddaughter, you would not be able to visit him. If your wife is in a shared hospital room, as a husband, you would not be able to visit her. If your sister is living in a dorm at K-State, as a brother, you would not be able to visit her in her room. … I believe the Legislature should stay out of the business of telling Kansans how to go to the bathroom and instead stay focused on how to make life more affordable for Kansans.”

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The legislation is known as a “gut and go” bill because it started out with an altogether different purpose. SB 244 originated as a bill to regulate bail bond companies. A House committee deleted those contents and replaced them with the anti-trans language. The gender marker provisions had a public hearing, but not the bathroom provisions.

“Procedurally, it is the absolute worst bill I have ever heard in the Kansas legislature,” Democratic Rep. Dan Osman said during debate on the measure, according to the Kansas Reflector. “It was done with one purpose and one purpose only — to ensure that the absolute least number of people were available as opponents to this bill and that they were unaware that there would even be a hearing.”

Rep. Abi Boatman, the only trans person currently serving in the legislature, said she felt the bill was aimed at her, the Reflector reports. “I have sat here for five and a half hours and listened to this entire room debate my humanity and my ability to participate in the most basic functions of society,” Boatman, a Democrat who was appointed in January to fill a vacancy, said as the debate ended. “From the bottom of my heart, I hope none of you have to ever sit through something like that.” Another Democrat, Rep. Susan Ruiz, said the legislation “spits on basic human decency.”

Democratic Rep. Alexis Simmons said it’s sexism, not trans women, that is a threat to women’s safety. “Here in this building, as an intern, as a committee assistant, as staff and as a legislator, I have been sexually harassed more than you would believe,” she said, according to the Reflector. “If we’re going to talk about women’s safety, we should address the real trauma, which is how women are treated, not putting the spotlight on one new member of our legislature.”

House Minority Leader Brandon Woodard predicted that if the bill became law, it would be struck down in court. Attorney General Kris Kobach, a Republican, lost a court case dealing with gender markers, he noted. “As long as Kris Kobach’s our attorney general, I think he’s going to continue to lose in court,” Woodard said.

The legislation “would cut directly against the inclusive workplace policies many Kansas cities have already adopted,” a Human Rights Campaign press release notes, and its “broad restrictions across public buildings, including schools, universities, airports, and government offices, would affect large numbers of public-sector employees and contribute to a chilling effect at work.”

An override of Kelly’s veto could happen unless some who supported the bill change their minds. Both the House and Senate passed the legislation with more than the two-thirds majority necessary for an override. Kelly has previously vetoed bills banning gender-affirming care for trans youth and barring them from competing in school sports under their gender identity, but legislators overrode those vetoes, so the bills became law.

Senate President Ty Masterson and House Speaker Dan Hawkins, both Republicans, vowed overrides, The Topeka Capital-Journal reports. “I never thought I'd see the day when our state's own governor would turn her back on women by forcing them to use bathrooms in public buildings with biological men,” said a statement from Masterson. “Sadly, our governor has decided she will side with they/them over simple, scientific truth. Kansans need not worry — the Kansas Senate will restore sanity and override her veto."

Related: Kansas public universities end LGBTQ+, DEI programs

LGBTQ+ groups, meanwhile, are praising Kelly’s veto. HRC President Kelley Robinson issued this statement: “The length that Republican lawmakers will go in attacking the transgender community instead of solving real issues facing Kansans is appalling. SB244 is about invading privacy, forcing people into the wrong bathrooms, stripping transgender Kansans of accurate IDs, and inviting government-sanctioned harassment — all pushed through using cynical procedural tricks to silence public opposition. Shameful policies like this are part and parcel of a national right-wing anti-LGBTQ+ campaign, and they don’t make anyone safer. They green light harassment and violence targeting transgender people while opening the door to invasive gender policing that affects everyone.

“We’re grateful to Governor Laura Kelly and Kansas State Rep. Abi Boatman for continuing to stand up for transgender Kansans. They have been consistent, courageous defenders of dignity, privacy, and freedom for all. HRC will work to ensure the legislature sustains the Governor’s veto and gets back to work on policies that support all Kansas families, instead of discriminating against them.”

“It is impossible to overstate the harms this extremist legislation would visit on transgender Kansans and many others if allowed to take effect,” Omar Gonzalez-Pagan, senior counsel and health care strategist at Lambda Legal, added in a press release. “ SB244 would require transgender Kansans to use public facilities that do not align with who they are and to carry inaccurate and conflicting identity documents that cause confusion and expose them to harassment and abuse, and would put a target on their backs through a bounty system that will encourage extreme violations of their privacy by those seeking financial gain. Make no mistake, the unprecedented and unlawful bounty system in this legislation would expose all Kansans — not just those who are transgender — to intrusive and abusive violations of their privacy.”